European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2011/1823.html
Cite as: [2011] ECHR 1823

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THIRD SECTION

DECISION

Application no. 31665/06
by Mirela Elena NEGRUŢIU and Others
against Romania

The European Court of Human Rights (Third Section), sitting on 11 October 2011 as a Committee composed of:

Alvina Gyulumyan, President,
Luis López Guerra,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 26 July 2006,

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

Having deliberated, decides as follows:

PROCEDURE

The applicants are Romanian nationals and live in Deva. Their identification data can be found in the appended table. They were represented before the Court by Ms Claudia-Elvira Mera, a lawyer practising in Deva. The Romanian Government (“the Government”) were represented by Mrs Irina Cambrea, Co-Agent of the Romanian Government.

The applicants complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the quashing of their final decision by means of an extraordinary appeal.

On 29 June 2011 and 5 August 2011 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to this application against an undertaking by the Government to pay them the amounts in euros enumerated in the appended table, covering 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. These amounts 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 case.

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 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.

Marialena Tsirli Alvina Gyulumyan
Deputy Registrar President

Annex

	Name of the applicant, date and place of birth	Amount to be paid by the Government (in EURO)
1.	NEGRUŢIU Mirela Elena 19 May 1967, Hunedoara	967
2.	GLODEAN-ONESCU Ovidiu Cosmin 8 January 1973, Deva	773
3.	CEAN Nicolaie-Ion 30 January 1956, Risculita	773
4.	MOISIU Luminita-Corina 24 February 1962, Simeria	878
5.	VELESCU Adina Carmen 18 July 1970, Hunedoara	831
6.	PECINCU Diana 16 August 1972, Iasi	687
7.	VLAD Cecilia-Sorina 26 February 1973, Brad	721
8.	DRAIA Sanda-Ioanela 4 June 1972, Deva	772
9.	PINTEA Angela-Cristina 4 August 1971, Cimpeni	89
10.	MERA Claudia-Elvira 30 September 1973, Hunedoara	414
11.	URSA Aurora-Ileana 19 April 1947, Vetel	395
12.	UNGUREANU Elena 6 November 1956, Avrameni	335
13.	PETRICA Iuliana 16 March 1952, Bocsig	240
14.	GAITA Simona-Gabriela 2 August 1966, Timisoara	192
15.	NICSA Bianca 12 November 1962, Hunedoara	94