FOURTH SECTION
DECISION
Application no. 35698/23
Franz WACK
against Germany
The European Court of Human Rights (Fourth Section), sitting on 20 November 2025 as a Committee composed of:
 Anne Louise Bormann, President,
 Sebastian Răduleţu,
 András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 19 September 2023,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr D. Schulien, a lawyer practising in Saarbrücken.
The applicant’s complaints under Articles 6 and 13 of the Convention concerning the domestic court’s refusal to refer a question to the Court of Justice of the European Union and the Federal Labour Court’s failure to provide reasons for its omission to refer were communicated to the German Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 11 December 2025.
 
 Viktoriya Maradudina Anne Louise Bormann
 Acting Deputy Registrar President
 
APPENDIX
Application raising complaints under Articles 6 and 13 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for
non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
35698/23
19/09/2023
Franz WACK
1958
 
Eric Schulien
Saarbrücken
30/09/2025
16/09/2025
3,000
2,000
 
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.