FOURTH SECTION
DECISION
Application no. 30996/10
Teodor DREGAN and Nicoleta DREGAN
against Romania
The European Court of Human Rights (Fourth Section), sitting on 29 September 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on the date indicated in the appended table,
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 applicants’ reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The details of the application are set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of a domestic decision were communicated to the Romanian Government (“the Government”).
The Government submitted declaration with a view to resolving the issues raised by the complaint raised under Article 6 § 1 of the Convention, while pointing out that the enforcement of the outstanding decision has become impossible. They further requested the Court to strike out the application.
The Government acknowledged the delayed enforcement of the domestic decision. They offered to pay the applicants the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would 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 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 applicants informed the Court that they agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicants’ 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 in accordance with Article 39 of the Convention.
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 20 October 2016.
Hasan BakırcıVincent A. De Gaetano
Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1
(non-enforcement of domestic decisions)
Application no.
Date of introduction
Applicant name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of applicants’ acceptance
Amount awarded for pecuniary and
non-pecuniary damage and costs and expenses
per household
(in euros)[i]
30996/10
28/05/2010
Teodor DREGAN
07/06/1951
Nicoleta DREGAN
24/05/1962
13/08/2013
21/04/2016
3240
[i] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy