European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/202.html
Cite as: [2011] ECHR 202
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THIRD SECTION
DECISION
Application no.
26156/07
by Gheorghe ENE
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 5 June 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Gheorghe Ene, a Romanian national who was born in 1943 and lives in Galati. The Romanian Government (“the Government”) were represented by their Agent, Mr R.-H. Radu.
The applicant complained under Article 1 of Protocol No. 1 to the Convention about the impossibility to obtain compensation for nationalised property due to the lack of effectiveness of the compensatory mechanism provided by Law no. 10/2001.
On 14 May 2009 and 18 August 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 9 000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 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