THIRD SECTION
DECISION
Applications nos. 34745/04 and 30521/08
Viorel Alexandru POPESCU against Romania
and Florina PEŢA against Romania
The European Court of Human Rights (Third Section), sitting on 11 December 2012 as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 21 August 2004 and 12 June 2008 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Viorel Alexandru Popescu, is a Romanian national, who was born in 1941 and lives in Bucharest.
The applicant in the second case, Ms Florina Peţa, is a Romanian national, who was born in 1973 and lives in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Ms Catrinel Brumar, from the Ministry of Foreign Affairs.
The facts and legal situation in both applications are similar, if not identical, to those presented in the leading case Radovici and Stănescu v. Romania, nos. 68479/01, 71351/01 and 71352/01, ECHR 2006‑...XIII (extracts). More precisely, the applicants are owners of immovable property which was occupied by virtue of lease agreements concluded with the State. After the fall of the Communist regime, the applicants’ ownership was confirmed by the courts. Therefore, they attempted, although unsuccessfully, to evict the tenants or to cash in the rent due to them.
Both applicants complained under Article 1 of Protocol No. 1 to the Convention of the prolonged inability to use property which had been returned to them and to obtain rent from it.
On the dates tabulated below 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 sums indicated below to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 cases.
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 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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Case title
Introduction date
Applicant’s name,
date of birth,
place of residence,
name of representative (if any)
Date of the Government’s declaration
Date of the applicant’s declaration
Sum agreed upon as friendly settlement
(Euros)
34745/04
VIOREL ALEXANDRU POPESCU v. Romania
21 August 2004
Viorel Alexandru POPESCU
4 November 1941,
Bucharest.
9 October 2012
5 September 2012
3,000
30521/08
PEŢA v. Romania
12 June 2008
Florina PEŢA
9 May 1973,
Bucharest.
9 October 2012
1 June 2012
3,000
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