THIRD SECTION
DECISION
Application no. 22186/06
Gabriela Nicoleta TUDURAN
against Romania
The European Court of Human Rights (Third Section), sitting on 28 January 2014 as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 21 April 2006,
Having regard to the declaration submitted by the respondent Government on 19 September 2013 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Gabriela Nicoleta Tuduran, is a Romanian national, who was born in 1967 and lives in Roznov.
The Romanian Government (“the Government”) was represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant complained about the State’s failure to effectively assist her in enforcing the final judgments rendered in disputes between the applicant and a private company. She also complained about the excessive length of the proceedings concerning the enforcement of the final decisions rendered in her favour.
The application had been communicated to the Government.
THE LAW
After the failure of attempts to reach a friendly settlement, by a letter of 19 September 2013 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration provided as follows:
“The Government declare, by way of this unilateral declaration, their acknowledgement of the existence of a violation of the right to access to a court and the length of the enforcement proceedings. The Government is prepared to pay to the applicant, as just satisfaction the total sum of EUR 4,700 (four thousand seven hundred) euros, amount which they consider reasonable in the light of the Court’s case-law. This sum is to cover all damage as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable in Romanian lei to the indicated account of the applicant within three months from the date of the notification of the decision pursuant to Article 37 § 1 of the Convention. In the event of failure to pay this sum within the said period, the Government undertakes to pay simple interest on it, 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. Therefore, the Government respectfully invite the Court rule that the examination of the present application is no longer justified and to strike the application out of its list of cases, pursuant to Article 37 § 1 (c) of the Convention.”
By a letter of 26 November 2013, the applicant indicated in substance that she was not satisfied with the terms of the unilateral declaration on the ground that the compensation offered by the Government was not satisfactory.
The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular 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 application”.
It also recalls that in certain circumstances, it may strike out an application 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 case to be continued.
To this end, the Court will examine carefully the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (Tahsin Acar v. Turkey, [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI); WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; Sulwińska v. Poland (dec.) no. 28953/03).
The Court has established in a number of cases, including those brought against Romania, its practice concerning complaints about the violation of one’s right to access to a court due to State’s failure to effectively assist the applicants in enforcing the final judgments rendered in their favour (see, Chelu v. Romania, no. 4027/04, 12 January 2010; Ruianu v. Romania, no. 34647/97, 17 June 2003; and Durdan v. Romania, no. 6098/03, 26 April 2007).
Having regard to the nature of the admissions contained in the Government’s declaration, 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 this application (Article 37 § 1(c)).
Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, 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 application (Article 37 § 1 in fine).
Accordingly, the application should be struck out of the list.
Finally, the Court notes that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
For these reasons, the Court unanimously
Takes note of the terms of the respondent Government’s declaration and the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
Full & Egal Universal Law Academy