THIRD SECTION
DECISION
Application no. 50803/10
Eugen MITICAN against Romania
The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, judges,
and Karen Reid, Section Registrar,
Having regard to the above application lodged on 27 August 2010,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Eugen Mitican, is a Romanian national, who was born on 3 November 1926 and lives in Bucharest.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Romanian Government (“the Government”) on 23 October 2014.
After unsuccessful friendly-settlement negotiations, the Government submitted on 10 March 2015 a unilateral declaration with a view to resolving the issues raised by these complaints.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicant EUR 1,890 (one thousand eight hundred and ninety euros) 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. They further requested the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention.
The applicant informed the Court on 23 April 2015 that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the 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 22 October 2015.
Karen ReidValeriu Griţco
RegistrarPresident
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