European Court of Human Rights

THIRD SECTION

DECISION

Application no. 3057/04
by Ferenc ÖRDÖG
against Romania

The European Court of Human Rights (Third Section), sitting on 6 January 2009 as a Chamber composed of:

Josep Casadevall, President,
Corneliu Bîrsan,
Boštjan M. Zupančič,
Egbert Myjer,
Ineta Ziemele,
Luis López Guerra,
Ann Power, judges,
and Santiago Quesada, Section Registrar,

Having regard to the above application lodged on 17 December 2003,

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ferenc Ördög, is a Romanian national who was born in 1921 and lives in Miercurea Ciuc. The Romanian Government (“the Government”) were represented by their Agent, Mr. Răzvan-Horaţiu Radu.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 18 December 1997, the applicant brought an action for tortious liability against a private individual, namely the tenant of the applicant's house.

The proceedings lasted for more than eight years and seven months for three levels of jurisdiction, before six courts and were finally settled partially in favour of the applicant on 9 December 2003, by a judgement of Harghita County Court.

COMPLAINTS

The applicant complained under Article 6 of the Convention about the unreasonable delay of the proceedings. He complained also about the outcome of the proceedings, under Article 6 and under Article 1 of Protocol No. 1 to the Convention, about the violation of his right to property.

THE LAW

On 20 October 2008 the Court received the following declaration from the Government:

“I declare that the Government of Romania offer to pay ex gratia 1 000 euro to Mr Ferenc Ördög with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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. It 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 this sum within the said three-month period, the Government undertake 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. The payment will constitute the final resolution of the case.”

On 4 July 2008 the Court received the following declaration signed by the applicant:

“I, Ferenc Ördög, note that the Government of Romania are prepared to pay me ex gratia the sum of 1 000 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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. It 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Romania in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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.

Santiago Quesada Josep Casadevall
Registrar President