THIRD SECTION
DECISION
Applications nos. 14600/10 and 50017/10
Mihai DUMITRU against Romania
and Nicolae PISĂU against Romania
The European Court of Human Rights (Third Section), sitting on 27 November 2012 as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 4 March 2010 and 4 August 2010 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Mihai Dumitru, is a Romanian national, who was born in 1950 and lives in Bârlad.
The applicant in the second case, Mr Nicolae Pisău, is a Romanian national, who was born in 1955 and lives in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Mrs Irina Cambrea, from the Ministry of Foreign Affairs.
Both applications concern the length of criminal and civil proceedings, respectively, in which the applicants were involved. They relied on Article 6 § 1 of the Convention.
On the dates tabulated below the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums indicated below to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the 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. They will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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. 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 a 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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Case title
Introduction date
Applicant’s name,
date of birth,
place of residence,
name of representative (if any)
Date of the Government’s declaration
Date of the applicant’s declaration
Sum agreed upon as friendly settlement
(Euros)
1.
14600/10
DUMITRU v. Romania
4 March 2010
Mihai DUMITRU
28 July 1950,
Bârlad, Vaslui County.
28 March 2012
8 December 2011
1,600
2.
50017/10
PISĂU v. Romania
4 August 2010
Nicolae PISĂU
18 October 1955,
Bucharest.
5 January 2012
25 November 2011
2,000
Full & Egal Universal Law Academy