THIRD SECTION
DECISION
Application no. 13281/07
Ludmila DANILA
against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 25 November 2014 as a Committee composed of:
Dragoljub Popović, President,
Kristina Pardalos,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 26 February 2007,
Having regard to the declaration submitted by the respondent Government on 15 May 2014 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 Ludmila Danilă, is a Moldovan national, who was born in 1949 and lives in Bălți. She was represented before the Court by Mr A. Postică, a lawyer practising in Chişinău.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention about the delay in the enforcement of a judgment in her favour.
The application was communicated to the Government.
By letter dated 15 May 2014 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 6 of the Convention and by Article 1 of Protocol No. 1 to the Convention and undertook to pay the applicant 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Moldovan 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 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. They further requested the Court to strike out the application.
On 7 July 2014 the Court received a letter from the applicant’s representative informing the Court that the applicant had agreed to the terms of the Government’s 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 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 pursuant to Article 39 of the Convention.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
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