THIRD SECTION
DECISION
Application no. 75816/13
Petru Dorin MĂRGINEAN and others
against Romania
The European Court of Human Rights (Third Section), sitting on 20 January 2015 as a Committee composed of:
Luis López Guerra, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 22 November 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. The applicants were represented by Mr T. H. Jucan, a lawyer practising in Cluj-Napoca.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicants complained under Article 6 § 1 of the Convention about the length of the criminal proceedings in which they had been involved. The complaint was communicated to the Government on 11 July 2014.
On 24 September 2014 and 27 November 2014, 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 this application against an undertaking by the Government to pay them EUR 3,000 (three thousand euros) each 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 12 February 2015.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Appendix
No.
First name, Last name
Birth date
Birth year
Nationality
Place of residence
Petru Dorin MĂRGINEAN
25/05/1980
1980
Romanian
Luduș
Iacob BOGDAN
10/08/1978
1978
Romanian
Cuci
Petru Valentin ŞERBAN
20/09/1981
1981
Romanian
Cipău
Silviu Ilarie ŞERBAN
28/02/1987
1987
Romanian
Cuci
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