European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/198.html
Cite as: [2011] ECHR 198
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THIRD SECTION
DECISION
Application no.
11339/06
by SC YES TRADING SRL
against Romania
The European Court of Human Rights (Third Section), sitting on 11 January 2011 as a Committee composed of:
Elisabet
Fura,
President,
Boštjan
M. Zupančič,
Ineta
Ziemele, judges
and Marialena Tsirli, Deputy
Section Registrar,
Having regard to the above application lodged on 3 March 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by SC Yes Trading SRL, a Romanian commercial company, located in Câmpulung Moldovenesc, represented by Florin FRĂŢEANU, administrator.
The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, from the Minister of Foreign Affairs.
The case concern commercial action lodged by a third party against the applicant seeking the enforcement of contractual obligations. The proceedings started on 29 August 1995 and ended 6 October 2005 (Suceava Court of Appeal). Hence, it last ten years, one month and eight days for two levels of jurisdiction (before four courts).
The applicant company complained under Article 6 of the Convention about the length of proceedings.
In addition it also complained under Article 6 § 1 about the outcome of the proceedings and under Article 1 of Protocol no. 1 about peaceful enjoyment of possession.
On 26 May 2009 and 19 June 2009 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 2 000 Euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into New Romanian Lei at the rate applicable on the date of payment, and will be 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 undertook 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.
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 other 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 Elisabet Fura
Deputy Registrar President