SECOND SECTION
DECISION
Application no. 18835/08
Tudor ŞOITU
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 14 February 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 31 January 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tudor Șoitu, was born on 14 January 1950 and lives in Chișinău. He was represented by Mr V. Tarnovschi, a lawyer practising in Chișinău.
The applicant’s complaints under Article 6 § 1 of the Convention, that by failing to deal with his case the domestic courts had breached his right of access to a court, were communicated to the Moldovan Government (“the Government”).
The Court received a friendly-settlement declaration signed by both parties under which the applicant 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 him 5,300 (five thousand three hundred) euros. This sum, which is to cover any pecuniary and non-pecuniary damage, as well as costs and expenses, will be converted into Moldovan lei 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 Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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.
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 7 March 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy