FOURTH SECTION
DECISION
Application no. 13438/14
Ramona Denisa APOSTOL
against Romania
The European Court of Human Rights (Fourth Section), sitting on 2 February 2016 as a Committee composed of:
Boštjan M. Zupančič, President,
Paulo Pinto de Albuquerque,
Iulia Antoanella Motoc, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 6 March 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Ramona Denisa Apostol, is a Romanian national, who was born in 1980 and lives in Târgu-Neamţ. She was represented before the Court by Ms N. Mătrescu, a lawyer practising in Piatra-Neamţ.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant raised complaints under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention taken alone and in conjunction with Article 14 of the Convention in connection with the payment of a maternity allowance for his second child born from a twin pregnancy.
The complaints were communicated to the Government on 14 January 2015.
On 13 November 2015 and 3 December 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Romania in respect of the facts giving rise to this application against an undertaking by the Government to pay her 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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.
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 its Protocols 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 25 February 2016.
Fatoş AracıBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy