SECOND SECTION
DECISION
Application no. 51827/08
by Teodoro MULARONI
against San Marino
The European Court of Human Rights (Second Section), sitting on 14 December 2010 as a Committee composed of:
Dragoljub Popović, President,
András Sajó,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 22 October 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Teodoro Mularoni, a San Marinese national who was born in 1930 and lives in Murata. He was represented before the Court by Ms S. Gasperoni, a lawyer practising in Fiorina. The San Marinese Government (“the Government”) were represented by their Agent, Mr Lucio Leopoldo Daniele, and their Co-Agent Mr Guido Bellatti Ceccoli.
The applicant complained under Article 6 § 1 of the Convention about the length of his civil proceedings.
On 7 September 2010 and 7 October 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the San Marino Government in respect of the facts giving rise to this application against an undertaking by the Government to pay him 20,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be free of any taxes that may be applicable and 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-PassosDragoljub Popović
Deputy RegistrarPresident
Full & Egal Universal Law Academy