Constantin and Others v. Romania

THIRD SECTION

This version was rectified on 17 July 2015 under Rule 81 of the Rules of Court.

Application no. 6315/14 Maria CONSTANTIN and others against Romania

The European Court of Human Rights (Third Section), sitting on 31 March 2015 as a Committee composed of:

Luis López Guerra, President, Johannes Silvis, Valeriu Griţco, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 22 November 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The applicants were represented by Mr M. Stroe, a lawyer practising in Slobozia.

The applicants complained under Article 6 § 1 of the Convention about the length of the criminal proceedings in which they had been involved. The complaint was communicated to the Government on 11 July 2014.

On 14 November 2014 and 19 January 2015, 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 them EUR 2,400 (two thousand four hundred euros) each 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 amount 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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.

Done in English and notified in writing on 23 April 2015.

Marialena Tsirli Luis López Guerra Deputy Registrar President

Appendix

N o .

Firstname LASTNAME

Birth date

Nationality

Place of residence

Maria CONSTANTIN

05/10/1958

Romanian

Țăndărei

Lilica GROSU

17/06/1963 [1]

Romanian

Slobozia

Gheorghe STEMATA

16/08/1970

Romanian

Slobozia

Mirela ZAHARIA

15/11/1969

Romanian

Slobozia

Zoia ZARNESCU

07/03/1969

Romanian

Slobozia

1. Rectified on 17 July 2015 : the text was: “birth date - 16/07/2015”