THIRD SECTION
DECISION
Application no.
31135/05
Iosa Gherasim VLACIS against Romania
and
16 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 29 May 2012 as a Committee composed of:
Egbert
Myjer,
President,
Luis
López Guerra,
Kristina
Pardalos,
judges,
and Marialena Tsirli,
Deputy Setion Registrar,
Having regard to the above applications lodged on the dates tabulated below,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Romanian nationals whose details are tabulated below. The Romanian Government (“the Government”) were represented by their Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs.
All applications concern the length of civil or criminal proceedings in which the applicants were involved. The applicants relied on Article 6 § 1 of the Convention.
On the dates tabulated below the Court received friendly settlement declarations signed by the parties under which the applicants or the representatives on their behalf agreed to waive any further claims against Romania in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums tabulated below to cover 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. They 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 cases.
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 applications (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Marialena Tsirli Egbert Myjer
Deputy Registrar President
Appendix
No. |
Case |
Date of introduction |
Applicants’ details (name, date of birth, place of residence and name of representative) |
Date of the Government’s declaration |
Date of the applicants’ declaration |
Sum agreed on for friendly settlement (euros) |
1. |
31135/05 VLACIS v. Romania |
08/08/2005 |
Iosa-Gherasim VLACIS 22/03/1956 Arad |
02/11/2011 |
04/08/2011 |
800 |
2. |
1044/06 PETRARIU v. Romania |
15/12/2005 |
Marinela Elena PETRARIU 09/03/1959 Grozesti |
24/01/2012 |
22/11/2011 |
2,000 |
3. |
34543/06 MALIN v. Romania |
18/08/2006 |
Maria MALIN 01/08/1939 Craiova Eliseu MALIN – deceased, application continued by his heir, the first applicant |
28/02/2011 |
03/08/2011 |
3,600 |
4. |
52778/07 BALASSY and others v. Romania |
12/06/2007 |
Anna BALASSY 15/05/1953 Cristuru Secuiesc Rozalia DAVID 23/01/1951 Odorheiu Secuiesc Francisc BALASZI 22/04/1949 Odorheiu Secuiesc - all represented by Anna Balassy |
26/10/2011 |
22/08/2011 |
3,200 jointly |
5. |
53163/07 ILIE and IARCA v. Romania |
26/11/2007 |
Niculina ILIE 21/11/1949 Brasov Maria IARCA 29/11/1944 Pitesti - both represented by Ion Iordache |
12/03/2012 |
19/01/2012 |
2,400 jointly |
6. |
36816/08 LĂCĂTUŞ v. Romania |
30/06/2008 |
Ludovic LACATUS 2/03/1932 Budacu de Jos |
24/02/2012 |
31/01/2012 |
2,000 |
7. |
43156/08 PAVEL and RADU v. Romania |
03/09/2008 |
Elena PAVEL 7/03/1972 Bucharest Elena RADU –deceased, application continued by her heir, the first applicant - represented by Anca Ghencea |
02/02/2012 |
10/01/2012 |
1,600 |
8. |
43462/08 LAZIN v. Romania |
01/09/2008 |
Nicolae LAZIN 24/11/1945 Baia Mare - represented by Vasile Jurj |
23/01/2012 |
11/11/2011 |
2,400 |
9. |
54439/08 MURESAN v. Romania |
30/10/2008 |
Silvia MURESAN 29/12/1960 Oradea Vasile MURESAN 14/05/1954 Loma Linda - both represented by Cornel Ardeleanu |
21/02/2012 |
15/12/2011 |
4,800 jointly |
10. |
57688/08 BIOLAN v. Romania |
18/11/2008 |
Iulian BIOLAN 15/12/1962 Maldareni |
30/01/2012 |
12/12/2011 |
1,600 |
11. |
61592/08 ALEXE v. Romania |
03/12/2008 |
Dumitru ALEXE 28/07/1944 Letitia ALEXE 01/11/1946 - both residing in Cristian |
03/02/2012 |
14/12/2011 |
2,100 jointly |
12. |
199/09 Valer POPA v. Romania |
18/12/2008 |
Valer POPA 29/09/1959 Oradea - represented by Vlad Cigan |
27/03/2012 |
30/01/2012 |
4,000 |
13. |
1466/09 MĂGERUŞANU v. Romania |
18/12/2008 |
Livius George MAGERUSANU 11/07/1952 Bucharest - represented by Septimiu Sorin Cus |
26/03/2012 |
29/11/2011 |
4,800 |
14. |
42529/09 KULPINSKI v. Romania |
30/07/2009 |
Margit KULPINSKI 10/06/1959 Sfantu Gheorghe |
20/03/2012 |
8/02/2012 |
2,000 |
15. |
52970/09 OPREA v. Romania |
21/09/2009 |
Marioara OPREA 25/05/1960 Bucharest |
19/12/2011 |
11/12/2011 |
3,200 |
16. |
61196/09 MUNTEAN v. Romania |
10/11/2009 |
Roxana MUNTEAN 27/12/1979 Dej - represented by Gabriela Mican |
23/01/2012 |
28/11/2011 |
2,400 |
17. |
32194/10 DUMITRESCU v. Romania |
02/06/2010 |
Maria DUMITRESCU 11/09/1983 Mariana DUMITRESCU 3/03/1958 Ioan DUMITRESCU 19/08/1953 - all residing in Bucharest |
23/01/2012 |
03/11/2011 |
2,600 jointly |