THIRD SECTION
DECISION
Applications nos. 28128/07 and 27984/10
Gilda Else MAZILU against Romania
Mona Brigitte ARHIRE and Others 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 applications lodged on 19 April 2007 and 8 May 2010 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are all Romanian nationals. Their names and additional identification data are to be found in the appended table.
The Romanian Government (“the Government”) were represented by their Agent, Mrs Irina Cambrea, from the Ministry of Foreign Affairs.
The applications concern the length of civil proceedings 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 in the appended table 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. 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
Given their similar factual and legal background, the Court decides that the applications should be joined.
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 applicants’ declaration
Sum agreed upon as friendly settlement
(Euros)
28128/07
MAZILU v. Romania
19 April 2007
Gilda Else MAZILU
10 August 1922
(died on 7 September 2009)
Application pursued in the applicant’s name by her legal heirs
Ioana BALACI and Anca NEAMŢU
3 April 1941,
Bucharest
Adrian Dan MAZILU
10 October 1946,
Bucharest
12 July 2012
9 April 2012
4,500 (jointly)
27984/10
ARHIRE and Others v. Romania
8 May 2010
Mona-Brigitte ARHIRE
1 May 1969,
Braşov, Braşov County
Klaus-Günter CZELNAI,
1 June 1940,
Braşov, Braşov County
Angela VLĂDESCU
7 November 1932,
Ploieşti, Prahova County
28 March 2012
13 August 2012
2,400 (jointly)
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