FOURTH SECTION
DECISION
Application no. 49260/14
Imelda Laria ANTONESCU against Romania
The European Court of Human Rights (Fourth Section), sitting on 28 April 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 June 2014,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Imelda Laria Antonescu, is a Romanian national, who was born on 15 June 1977 and lives in Bucharest.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Romanian Government (“the Government”) on 23 April 2015.
After unsuccessful friendly-settlement negotiations, the Government submitted on 18 January 2016 a unilateral declaration with a view to resolving the issues raised by these complaints.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicant EUR 2,160 (two thousand one hundred and sixty euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Romanian lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The amount will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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. The payment will constitute the final resolution of the case. They further requested the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention.
The applicant informed the Court on 2 March 2016 that she agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the 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 19 May 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
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