Jurca and Others v. Romania

THIRD SECTION

Application no. 32993/13 Ioan JURCA and others against Romania

The European Court of Human Rights (Third Section), sitting on 27 May 2014 as a Committee composed of:

Alvina Gyulumyan, President, Kristina Pardalos, Johannes Silvis, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 15 May 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are Romanian nationals. A list of the applicants is set out in the appendix. They were represented before the Court by Mr F. Radu, a lawyer practising in Deva.

The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.

The applicants complained under Article 6 § 1 of the Convention about the length of the civil proceedings in which they were involved.

On 6 November 2013, this complaint was communicated to the Government.

On 13 March 2014 and 19 March 2014, 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 the amount of 1,800 (one thousand eight hundred) euros (EUR) jointly to Mr Ioan Jurca and Mrs Liliana Mariana Jurca; the amount of 1,800 (one thousand eight hundred) euros (EUR) to Ms Sanda Oprişa; the amount of 1,800 (one thousand eight hundred) euros (EUR) jointly to Mr Florin Morar and Mrs Maria Morar; and the amount of 1,800 (one thousand eight hundred) euros (EUR) to Ms Eleonora Glava. These amounts are aimed to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will 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. The amounts will be payable within three months from the date of notification of the decision taken by the Court. 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 the 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. 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 in accordance with Article 39 of the Convention.

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President

Appendix