THIRD SECTION
DECISION
Applications nos. 6170/13 and 61337/13
Liviu MECEA and Ana MECEA against Romania
and S.C. OLIGOPOL S.R.L. against Romania
The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:
Valeriu Grițco, President,
Branco Lubarda,
Mārtiņš Mits, judges,
and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Romanian Government (“the Government”). In application no. 6170/13, the complaint based on the same facts was also communicated under another provision of the Convention.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
Done in English and notified in writing on 22 October 2015.
Karen ReidValeriu Grițco
RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of
Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant / household
(in euros)[i]
6170/13
03/01/2013
Household
Liviu MECEA
26/01/1958
Ana MECEA
24/05/1955
Art. 13 – lack of effective remedy for excessive length of civil proceedings
19/03/2015
07/07/2015
1,600
61337/13
18/09/2013
S.C. OLIGOPOL S.R.L.
26/11/1992
-
23/05/2014
17/06/2014
2,400
[i] Plus any tax that may be chargeable to the applicants.
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