European Court of Human Rights

THIRD SECTION

DECISION

Application no. 38431/05
Richard SALAMON
against Romania

The European Court of Human Rights (Third Section), sitting on 10 January 2012 as a Committee composed of:

Egbert Myjer, President,
Luis López Guerra,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 6 October 2005,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Richard Salamon, is a Romanian and German national who was born in 1968 and lives in Saarbrucken. He was represented before the Court by Ms S. Giurgiu, a lawyer practising in Timisoara. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, from the Ministry of Foreign Affairs.

The applicant complained under Article 1 of Protocol No. 1 to the Convention of the non-payment by the authorities of the compensation he was entitled to receive for nationalised property.

On 15 May 2009 and 22 July 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 15,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, converted into 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 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 Egbert Myjer
Deputy Registrar President