Mihnea and Others v. Romania
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no 60776/10 Radu Vasile MIHNEA against Romania and 13 other applications (see list appended)
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. 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. 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 [1] per applicant (in euros)
60776/10
11/10/2010
Radu Vasile MIHNEA
19/04/1958
02/07/2015
15/01/2015
1,800
41150/11
19/02/2010
Viorel CIOLACU
27/10/1955
Gheorghe NICOLAU
27/04/1959
Friderich Kristian OBERTH
24/09/1956
15/07/2015
15/01/2015
3,100
17503/11
08/03/2011
Radu Ștefan DINESCU
29/06/1979
02/07/2015
18/12/2014
1,800
49810/11
14/07/2011
Vasile LUCUȚ
25/05/1956
02/07/2015
22/01/2015
1,800
58496/11
08/09/2011
Ștefan BRÂNZĂ
22/06/1953
02/07/2015
15/01/2015
1,200
61485/11
15/09/2011
Constantin RUSNAC
22/03/1942
02/07/2015
07/01/2015
2,400
77978/11
03/11/2011
Daniela-Anca DEMIAN
10/07/1965
02/07/2015
15/01/2015
2,400
11251/12
13/02/2012
Romeo BADIU
27/01/1975
02/07/2015
15/01/2015
3,000
34121/12
28/05/2012
Ionel Petrică TENȚ
03/04/1957
02/07/2015
21/01/2015
4,200
34139/12
28/05/2012
Gheorghe ȘTEFAN
30/06/1967
02/07/2015
21/01/2015
4,200
34152/12
28/05/2012
Marin BURADA
02/01/1952
02/07/2015
21/01/2015
4,200
52995/12
11/08/2012
Anișca ZĂGREAN
10/10/1959
02/07/2015
20/01/2015
1,800
60481/12
11/09/2012
Victor Valeriu Teodor FLUȘIU
11/05/1949
02/07/2015
06/01/2015
3,000
53262/14
15/07/2014
Ion MIHAI
28/04/1969
07/07/2015
22/07/2015
1,500
[1] Plus any tax that may be chargeable to the applicants.