THIRD SECTION
DECISION
This version was rectified on 23 April 2015
under Rule 81 of the Rules of Court.
Application no. 62755/11
Laurenție ENCIU[1]
against Romania
The European Court of Human Rights (Third Section), sitting on 17 February 2015 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 26 September 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Laurenție Enciu[2], is a Romanian national, who was born in 1932 and lives in Rădăuţi.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of the civil proceedings in which he had been involved. The complaint was communicated to the Government on 26 August 2014.
On 3 November 2014 and 26 November 2014, 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 him EUR 2,400 (two thousand four hundred euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Romanian 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 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 19 March 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
[1]. Rectified on 23 April 2015: the text was: “Laurenţiu ENCIU”.
[2]. Rectified on 23 April 2015: the text was: “Laurenţiu Enciu”.
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