THIRD SECTION
DECISION
Application no. 66434/09
Nicolae Sorinel NIŢU against Romania
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Johannes Silvis, President,
Iulia Antoanella Motoc,
Carlo Ranzoni, judges,
and Marialena Tsirli, Deputy 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
A list of the applicants is set out in the appendix.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicants complained under Article 6 of the Convention about the unfairness of their criminal proceedings. The complaint was communicated to the Government on 18 December 2014.
Between 2 June 2015 and 10 July 2015 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 these applications against an undertaking by the Government to pay them the amounts detailed in the appended table, 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 amounts 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 these amounts 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 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 its Protocols 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.
Marialena TsirliJohannes Silvis
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Place of residence
Represented by
Final domestic decision details
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount in EUR to be paid by the respondent State
66434/09
11/12/2009
Nicolae Sorinel NIŢU
08/07/1966
Dărmănești, jud.Dâmbovița
Maria PETCU
11 June 2009 of the Ploiești Court of Appeal (file no. 2346/262/2007)
10 July 2015
9 July 2015
2,400 (two thousand four hundred)
65297/13
09/10/2013
Florin Costică OLARU
26/01/1975
Suceava
Răzvan Cristian GAUBE
29 April 2013 of the Bucharest Court of Appeal (file no. 6863/302/2010)
2 June 2015
22 June 2015
2,400 (two thousand four hundred)
66008/13
09/10/2013
Pavel PĂDURE
17/06/1959
Bacău
Mihaela Violeta OLARU
29 April 2013 of the Bucharest Court of Appeal (file no. 6863/302/2010)
2 June 2015
3 July 2015
2,400 (two thousand four hundred)
10534/14
23/01/2014
Lavinia ȘOROP
14/05/1974
Târgu-Jiu
26 February 2013 of the High Court of Cassation and Justice (file no. 2976/95/2009*)
2 June 2015
22 May 2015
2,400 (two thousand four hundred)
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