European Court of Human Rights

THIRD SECTION

DECISION

Application no. 5378/04
by Mihalache MICULESCU and Others
against Romania

The European Court of Human Rights (Third Section), sitting on 24 March 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 18 December 2003,

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

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Mihalache Miculescu, Simona Miculescu and Maria Miculescu, are Romanian nationals who were born in 1946 and 1949 respectively and live 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 6 April 1993, the applicants filed a claim with the Craiova Court of first instance, concerning the division of an inheritance.

The proceedings lasted for more than nine years and one month for three levels of jurisdiction, before eight courts and were finally settled partially in favour of the applicants on 11 July 2003, by a judgement of 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 LAW

On 17 November 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 2 500 € (two thousand five hundred euros) jointly to Mr Mihalache Miculescu, Mrs Simona Miculescu and Mrs Maria Miculescu 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 15 February 2009 the Court received the following declaration signed by the applicants:

“We, Mihalache Miculescu, Simona Miculescu and Maria Miculescu, applicants, note that the Government of Romania are prepared to pay us jointly ex gratia the global sum of 2 500 € (two thousand five hundred 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 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.

We accept the proposal and waive any further claims against Romania in respect of the facts giving rise to these applications. We 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