European Court of Human Rights

THIRD SECTION

DECISION

Application no. 15329/04
by Constantin DOBRITOIU and Ion Laurentiu LUNGU
against Romania

The European Court of Human Rights (Third Section), sitting on 3 February 2009 as a Chamber composed of:

Josep Casadevall, President,
Elisabet Fura-Sandström,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Ann Power, judges,
and Santiago Quesada, Section Registrar,

Having regard to the above application lodged on 26 February 2004,

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

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Constantin Dobritoiu and Mr Ion Laurentiu Lungu, are Romanian nationals who were born in 1935 and 1944 respectively and live in Craiova. They were represented before the Court by Mrs C.V. Lainescu, a lawyer practising in Craiova. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan ­Horaţiu Radu, from the Ministry of Foreign Affairs.

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

On 19 October 1995 the Craiova Court of First Instance allowed an action for recovery of possession of a plot of land, lodged by M.D. against the applicants. The solution was quashed on 18 November 1996 by the Dolj Regional Court sending the file back to the Craiova Court of First Instance for retrial.

On 20 September 1999 the Craiova Court of First Instance allowed the action and ordered again restoration of the plot of land in the name of M.D. The solution was quashed on 8 September 2000 by the Dolj Regional Court sending the file back to the Craiova Court of First Instance for retrial.

On 23 November 2001 the Craiova Court of First Instance allowed the action lodged by M.D against the applicants. The solution was upheld on 3 March 2003 by the Dolj Regional Court and on 1 September 2003 by a final decision of the Craiova Court of Appeal.

COMPLAINTS

The applicants complained under Article 6 § 1 of the Convention about the length of the civil proceedings instituted against them.

The applicants complained under Article 1 of Protocol No. 1 that they had been deprived of their possessions.

The applicants complained under Article 13 of the lack of an effective remedy in internal law against their alleged violations of Article 6 of the Convention and of Article 1 of Protocol No. 1.

THE LAW

On 21 October 2008 the Court received the following declaration from the Government:

“I, agent of the Romanian Government before the European Court of Hyman Rights, declare that the Government of Romania offer to pay ex gratia a global sum of 1 560 € (one thousand five hundred sixty euros) jointly to Mr Constantin Dobritoiu and Mr Ion Laurentiu Lungu 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 new Romanian lei at the rate applicable on the date of payment, free of any taxes that may be applicable and 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 19 September 2008 the Court received the following declaration signed by the applicants:

“I, Cristina Valeria Lainescu, representative of the applicants, note that the Government of Romania are prepared to pay ex gratia the global sum of 1 560 €
(one thousand five hundred sixty euros) jointly to Mr Constantin Dobritoiu and
Mr Ion Laurentiu Lungu 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 new Romanian lei at the rate applicable on the date of payment, free of any taxes that may be applicable and 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