THIRD SECTION
DECISION
This version was rectified under Rule 81 of the Rules of Court on 13 August 2012
Application no. 31135/05
Iosa Gherasim VLACIS against Romania
and 16 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 29 May 2012 as a Committee composed of:
Egbert Myjer, President,
Luis López Guerra,
Kristina Pardalos, judges,
and Marialena Tsirli, Deputy Setion Registrar,
Having regard to the above applications lodged on the dates tabulated below,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Romanian nationals whose details are tabulated below. The Romanian Government (“the Government”) were represented by their Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs.
All applications concern the length of civil or criminal proceedings in which the applicants were involved. The applicants relied on Article 6 § 1 of the Convention.
On the dates tabulated below the Court received friendly settlement declarations signed by the parties under which the applicants or the representatives on their behalf 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 them the sums tabulated below to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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. They will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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. The payment will constitute the final resolution of the cases.
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 its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).
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.
Marialena TsirliEgbert Myjer
Deputy RegistrarPresident
Appendix
No.
Case
Date of introduction
Applicants’ details (name, date of birth, place of residence and name of representative)
Date of the Government’s declaration
Date of the applicants’ declaration
Sum agreed on for friendly settlement (euros)
1.
31135/05
VLACIS v. Romania
08/08/2005
Iosa-Gherasim VLACIS
22/03/1956
Arad
02/11/2011
04/08/2011
800
2.
1044/06
PETRARIU v. Romania
15/12/2005
Marinela Elena PETRARIU
09/03/1959
Grozesti
24/01/2012
22/11/2011
2,000
3.
34543/06
MALIN v. Romania
18/08/2006
Maria MALIN
01/08/1939
Craiova
Eliseu MALIN – deceased, application continued by his heir, the first applicant
28/02/2011
03/08/2011
3,600
4.
52778/07
BALASSY and others v. Romania
12/06/2007
Anna BALASSY
15/05/1953
Cristuru Secuiesc
Rozalia DAVID
23/01/1951
Odorheiu Secuiesc
Francisc BALAZSI[1]
22/04/1949
Odorheiu Secuiesc
- all represented by Anna Balassy
26/10/2011
22/08/2011
3,200 jointly
5.
53163/07
ILIE and IARCA v. Romania
26/11/2007
Niculina ILIE
21/11/1949
Brasov
Maria IARCA
29/11/1944
Pitesti
- both represented by Ion Iordache
12/03/2012
19/01/2012
2,400 jointly
6.
36816/08
LĂCĂTUŞ v. Romania
30/06/2008
Ludovic LACATUS
2/03/1932
Budacu de Jos
24/02/2012
31/01/2012
2,000
7.
43156/08
PAVEL and RADU v. Romania
03/09/2008
Elena PAVEL
7/03/1972
Bucharest
Elena RADU –deceased, application continued by her heir, the first applicant
- represented by Anca Ghencea
02/02/2012
10/01/2012
1,600
8.
43462/08
LAZIN v. Romania
01/09/2008
Nicolae LAZIN
24/11/1945
Baia Mare
- represented by Vasile Jurj
23/01/2012
11/11/2011
2,400
9.
54439/08
MURESAN v. Romania
30/10/2008
Silvia MURESAN
29/12/1960
Oradea
Vasile MURESAN
14/05/1954
Loma Linda
- both represented by Cornel Ardeleanu
21/02/2012
15/12/2011
4,800 jointly
10.
57688/08
BIOLAN v. Romania
18/11/2008
Iulian BIOLAN
15/12/1962
Maldareni
30/01/2012
12/12/2011
1,600
11.
61592/08
ALEXE v. Romania
03/12/2008
Dumitru ALEXE
28/07/1944
Letitia ALEXE
01/11/1946
- both residing in Cristian
03/02/2012
14/12/2011
2,100 jointly
12.
199/09
Valer POPA v. Romania
18/12/2008
Valer POPA
29/09/1959
Oradea
- represented by Vlad Cigan
27/03/2012
30/01/2012
4,000
13.
1466/09
MĂGERUŞANU v. Romania
18/12/2008
Livius George MAGERUSANU
11/07/1952
Bucharest
- represented by Septimiu Sorin Cus
26/03/2012
29/11/2011
4,800
14.
42529/09
KULPINSKI v. Romania
30/07/2009
Margit KULPINSKI
10/06/1959
Sfantu Gheorghe
20/03/2012
8/02/2012
2,000
15.
52970/09
OPREA v. Romania
21/09/2009
Marioara OPREA
25/05/1960
Bucharest
19/12/2011
11/12/2011
3,200
16.
61196/09
MUNTEAN v. Romania
10/11/2009
Roxana MUNTEAN
27/12/1979
Dej
- represented by Gabriela Mican
23/01/2012
28/11/2011
2,400
17.
32194/10
DUMITRESCU v. Romania
02/06/2010
Maria DUMITRESCU
11/09/1983
Mariana DUMITRESCU
3/03/1958
Ioan DUMITRESCU
19/08/1953
- all residing in Bucharest
23/01/2012
03/11/2011
2,600 jointly
[1]1. Rectified on 13 August 2012: the text was “Francisc BALASZI”
Full & Egal Universal Law Academy