Alfieri and Vriaciu v. Romania

THIRD SECTION

This version was rectified on 23 November 2015 under Rule 81 of the Rules of Court.

Applications nos 36977/13 and 39678/14 Angelo ALFIERI against Romania and Teodor VRACIU against Romania

The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:

Valeriu Griţco, President, Branko Lubarda, Mārtiņš Mits, judges, and Karen Reid, Section Registrar ,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Romanian Government (“the Government”).

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants. The sum of 1,600 EUR concerning the applicant Angelo Alfieri will be paid without the conversion into the currency of the respondent State and the sum of 6,000 EUR concerning the applicant Teodor Vraciu will be converted into the currency of the respondent State at the rate applicable on the date of payment. These amounts will be payable within three months from the date of notification of the Court’s decision. [1] In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the continued examination of the applications. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 22 October 2015.

Karen Reid Valeriu Griţco Registrar President

Appendix

No.

Application no.

Date of introduction

Applicant name

Date of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount for pecuniary, non-pecuniary damage and costs and expenses [2] per applicant (in euros)

36977/13

28/05/2013

Angelo ALFIERI

22/08/1948

20/08/2015

20/07/2015

1,600

39678/14

21/05/2014

Teodor VRACIU

23/09/1950

17/06/2015

20/08/2015

6,000

[1] Rectified on 23 November 2015: the last two sentences replace a previous text saying: “These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision.”

[2] Plus any tax that may be chargeable to the applicants.