THIRD SECTION
DECISION
Application no 17965/12
Andrei Iulian BÂRȚĂ against Romania
and 4 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 18 June 2015 as a committee composed of:
Luis López Guerra, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
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 these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants. These amounts 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 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 cases.
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 the continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 9 July 2015.
Karen ReidLuis López Guerra
RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount (in euros per applicant or jointly when the case)
17965/12
21/03/2012
Andrei Iulian BÂRȚĂ
09/07/1988
19/03/2015
28/01/2015
2,400
34193/12
16/05/2012
Nicolae IOSOF
14/10/1949
19/03/2015
20/01/2015
1,800
34831/12
26/04/2012
Constanța DUMITRU
07/08/1955
Roxana Elena DUMITRU
20/05/1986
19/03/2015
27/01/2015
1,200 jointly
41957/12
28/06/2012
Vasile ENCIU
18/04/1948
Margareta ENCIU
04/07/1949
23/03/2015
21/01/2015
1,800 jointly
60120/12
05/09/2012
Ana VIDA
20/05/1958
23/03/2015
12/01/2015
2,100
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