SECOND SECTION
DECISION
Application no. 56808/11
Nichita IPATE and Mihail MOTRICALA
against the Republic of Moldova
(see appended table)
The European Court of Human Rights (Second Section), sitting on 20 October 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 August 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the limitation of their access to a tribunal were communicated to the Moldovan Government (“the Government”).
The Court received the friendly-settlement declarations, signed by Mr Ipate and the Government, as well as a friendly settlement agreement signed between Mr Motricală and the Government, under which the applicants agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into Moldovan lei at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 the Protocols thereto 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 application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 November 2022.
Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(access to a tribunal)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
56808/11
26/08/2011
Nichita IPATE
1971
Represented by
Mariana Semenihin
Mihail MOTRICALĂ
1968
19 September 2022
25/10/2021
and
19/09/2022
1,500,
to be paid to Mr Ipate
1,000,
to be paid to Mr Motricală
[1] Plus any tax that may be chargeable to the applicants.