FOURTH SECTION
DECISION
Application no. 76773/13
Nicoleta Vasilica FIERARU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 23 February 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Krzysztof Wojtyczek,
Iulia Antoanella Motoc, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 29 November 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Nicoleta Vasilica Fieraru, is a Romanian national, who was born in 1970 and lives in Ploiești. She was represented before the Court by Mr M.A. Ciucă, a lawyer practising in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, from the Ministry of Foreign Affairs.
The applicant raised complaints under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention taken alone and in conjunction with Article 14 of the Convention in connection with the payment of a maternity allowance for her second child born from a twin pregnancy.
The complaints were communicated to the Government on 14 January 2015.
On 21 October 2015 and 5 November 2015 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 her 3,000 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. This 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 (Article 37 § 1 in fine of the Convention). Accordingly, the case should be struck 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 17 March 2016.
Fatoş AracıVincent A. De Gaetano
Deputy RegistrarPresident
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