FOURTH SECTION
DECISION
Application no. 56574/10
Elena STĂTESCU against Romania
and 4 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 24 May 2016 as a Committee composed of:
Krzysztof Wojtyczek, President,
Egidijus Kūris,
Iulia Motoc, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, of the Ministry of Foreign Affairs.
The applicants complained under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention both taken alone and in conjunction with Article 14 of the Convention about the divergent case-law of the domestic courts on the issue of the right to maternity allowance for each of the children born from multiple pregnancies. The applications were communicated to the Government on 6 October 2015.
Between 11 March and 12 April 2016 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 each applicant 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Romanian lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The amount 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 cases.
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.
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.
Done in English and notified in writing on 16 June 2016.
Fatoş AracıKrzysztof Wojtyczek
Deputy RegistrarPresident
APPENDIX
No.
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount in EUR to be paid by the respondent State
56574/10
31/08/2010
Elena STĂTESCU
10/12/1973
Păușești Măglași
12 April 2016
15 March 2016
3,000
(three thousand)
6889/14
13/02/2014
Monica Simona MELINTE
16/10/1981
Târgu Neamț
Mariana SOFRONIA
12 April 2016
22 March 2016
3,000
(three thousand)
30880/14
07/04/2014
Sorinel Nicuşor SOOS
09/02/1972
Petroșani
Radu Ciprian HARJA
12 April 2016
11 March 2016
3,000
(three thousand)
56284/14
04/08/2014
Ionela Bianca CANTEMIR
12/10/1980
Iași
Gabriela PĂDURARIU
1 April 2016
14 March 2016
3,000
(three thousand)
12696/15
03/03/2015
Daniela Liana VEREȘ
05/05/1974
Cluj Napoca
Flavia Lucia MOISE
1 April 2016
7 April 2016
3,000
(three thousand)
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