FOURTH SECTION
DECISION
This version was rectified on 13 July 2016
under Rule 81 of the Rules of Court.
Application no. 27169/10
Sarolta Emese SOMOGYI[1] against Romania
and 2 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 28 April 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Küris,
Gabriele Kucsko-Stadlmayer, judges
and Hasan Bakırcı, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
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 excessive length of civil proceedings were communicated to the Romanian Government (“the Government”).
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.
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount for application no. 73478/13 would be converted into the currency of the respondent State at the rate applicable on the date of payment and the amounts for applications nos. 27169/10 and 27028/13 would not be converted. The amounts would 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 undertook 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 cases.
The Court has not received a response from the applicants which accepts the terms of the unilateral declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the applications”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see the principles emerging from the Court’s case-law, and in particular the Tahsin Acar v. Turkey judgment ([GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI)).
The Court has established clear and extensive case-law concerning complaints relating to the excessive length of civil proceedings (see, for example, Vlad and Others v. Romania, nos. 40756/06, 41508/07 and 50806/07, 26 November 2013).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 19 May 2016.
Hasan BakırcıVincent A. De Gaetano
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments,
if any
Amount awarded for pecuniary and
non-pecuniary damage and costs and expenses
per applicant
(in euros)[2]
27169/10
28/04/2010
Sarolta Emese SOMOGYI[3]
13/10/1950
Kincses Elod
Târgu-Mureș
23/10/2015
11/12/2015
810
27028/13
11/04/2013
Mihail Mircea BRĂNESCU
12/01/1930
-
12/01/2016
28/02/2016
1,080
73478/13
15/11/2013
Gligore NEGRU
09/02/1954
Gorea Viorel
Târgu-Mureș
05/01/2016
29/02/2016
810
[1]. Rectified on 13 July 2016: the text was: “Charlotte SOMOGYI”.
[2]. Plus any tax that may be chargeable to the applicants.
[3]. Rectified on 13 July 2016: the text was: “Charlotte SOMOGYI”.
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