THIRD SECTION
DECISION
Application no. 37243/03
Ionel Cristian ŞERBAN
against Romania
The European Court of Human Rights (Third Section), sitting on 18 February 2014 as a Committee composed of:
Dragoljub Popović, President,
Luis López Guerra,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 20 October 2003,
Having regard to the partial decision of 15 May 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ionel Cristian Şerban, is a Romanian national, who was born in 1975 and lives in Bucharest. He was represented before the Court by Mr V.A. Oprișan, a lawyer practising in Bucharest.
The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, from the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings initiated against him. Relying on Article 8 of the Convention he raised several complaints about the alleged interference of the domestic authorities with his right to respect for private life, home and correspondence. Under Article 14 in conjunction with Article 1 of Protocol No. 1 to the Convention the applicant complained about the alleged discriminatory treatment in connection with the payment of a benefit for exposure to radiation.
On 15 May 2012 the above complaints were communicated to the Government and the remainder of the application was declared inadmissible.
On 28 December 2012 and 7 January 2013 the Court received friendly settlement declarations signed by the parties as regards the complaints raised under Articles 6 § 1 and 8 of the Convention under which the applicant agreed to waive any further claims against Romania in respect of the facts giving rise to these complaints against an undertaking by the Government to pay him EUR 6,000 (six thousand euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the 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. It 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 this sum 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 case.
In a letter which accompanied his friendly settlement declaration, the applicant informed the Court that he would give up any remaining claims.
THE LAW
The Court takes note of the friendly settlement reached between the parties and the applicant’s pledge to give up any remaining claims. 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. In view of the above, it is appropriate to strike the remainder of the case out of the list.
For these reasons, the Court unanimously
Decides to strike the remainder of the application out of its list of cases in accordance with Article 39 of the Convention.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
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