THIRD SECTION
DECISION
Application no. 31665/06
by Mirela Elena NEGRUŢIU and Others
against Romania
The European Court of Human Rights (Third Section), sitting on 11 October 2011 as a Committee composed of:
Alvina Gyulumyan, President,
Luis López Guerra,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 26 July 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Romanian nationals and live in Deva. Their identification data can be found in the appended table. They were represented before the Court by Ms Claudia-Elvira Mera, a lawyer practising in Deva. The Romanian Government (“the Government”) were represented by Mrs Irina Cambrea, Co-Agent of the Romanian Government.
The applicants complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the quashing of their final decision by means of an extraordinary appeal.
On 29 June 2011 and 5 August 2011 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 this application against an undertaking by the Government to pay them the amounts in euros enumerated in the appended table, covering any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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. These amounts 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 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 (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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
Annex
Name of the applicant, date and place of birth
Amount to be paid by the Government (in EURO)
1.
NEGRUŢIU Mirela Elena
19 May 1967, Hunedoara
967
2.
GLODEAN-ONESCU Ovidiu Cosmin
8 January 1973, Deva
773
3.
CEAN Nicolaie-Ion
30 January 1956, Risculita
773
4.
MOISIU Luminita-Corina
24 February 1962, Simeria
878
5.
VELESCU Adina Carmen
18 July 1970, Hunedoara
831
6.
PECINCU Diana
16 August 1972, Iasi
687
7.
VLAD Cecilia-Sorina
26 February 1973, Brad
721
8.
DRAIA Sanda-Ioanela
4 June 1972, Deva
772
9.
PINTEA Angela-Cristina
4 August 1971, Cimpeni
89
10.
MERA Claudia-Elvira
30 September 1973, Hunedoara
414
11.
URSA Aurora-Ileana
19 April 1947, Vetel
395
12.
UNGUREANU Elena
6 November 1956, Avrameni
335
13.
PETRICA Iuliana
16 March 1952, Bocsig
240
14.
GAITA Simona-Gabriela
2 August 1966, Timisoara
192
15.
NICSA Bianca
12 November 1962, Hunedoara
94
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