FOURTH SECTION
DECISION
Application no. 18335/10
Margarete ALTVATER and others against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 January 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Küris,
Gabriele Kucsko-Stadlmayer, judges
and Karen Reid, Section Registrar,
Having regard to the above application lodged on the date indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Romanian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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.
By letter of 13 October 2015 the applicants requested that the amount be paid directly to their representative.
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 18 February 2016.
Karen ReidVincent A. De Gaetano
RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant / household
(in euros)[i]
18335/10
18/03/2010
(3 applicants)
Margarete ALTVATER
06/03/1954
and
household
Anneliese Elisabeth ALTVATER
06/07/1952
Stefan Andreas ALTVATER
07/10/1940
Ana SILAGHI
Satu Mare
02/12/2014
13/10/2015
900
(the sum to be paid directly to the applicants’ representative)
[i] Plus any tax that may be chargeable to the applicants.
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