THIRD SECTION
DECISION
Application no. 3972/13
Rudolf MOSCOVICI
against Romania
The European Court of Human Rights (Third Section), sitting on 26 November 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 19 December 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rudolf Moscovici, is a Romanian national, who was born in 1926 and lives in Brasov.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant complained, among others, under Article 6 § 1 of the Convention about the length of civil proceedings in which he was involved.
This part of the application was communicated to the Government on 22 May 2013. The remainder of the application was declared inadmissible.
On 10 September 2013 and 7 October 2013 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 him 1,200 (one thousand two hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will 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 amount 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 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 remainder of the application out of its list of cases in accordance with Article 39 of the Convention.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
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