THIRD SECTION
DECISION
Application no. 29241/06
Gavril Antoniu GARLATI
against Romania
The European Court of Human Rights (Third Section), sitting on 12 March 2013 as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 14 July 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gavril Antoniu Garlati, is a Romanian national, who was born in 1946 and lives in Arad. He was represented before the Court by Mrs Ioana Kocsis-Josan, a lawyer practising in Arad.
The Romanian Government (“the Government”) were represented by their Agent, Mrs Irina Cambrea, from the Ministry of Foreign Affairs.
The facts and legal situation in the present application are similar, if not identical, to those presented in the leading case Radovici and Stănescu v. Romania, nos. 68479/01, 71351/01 and 71352/01, ECHR 2006‑...XIII (extracts). More precisely, the applicant is the owner of immovable property which was occupied by virtue of a lease agreement concluded with the State. After the fall of the Communist regime, the applicant’s ownership was confirmed by the courts. Therefore, he attempted, although unsuccessfully, to evict the tenants or to cash in the rent due to him.
The applicant complained under Article 1 of Protocol No. 1 to the Convention of the prolonged inability to use the property which had been returned to him and to obtain rent from it.
On 9 October 2012 the Court received the friendly settlement declaration signed by the Government and subsequently accepted by the applicant on 6 November 2012 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 the sum of 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national 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. The sum 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 Convention. 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. 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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
Full & Egal Universal Law Academy