Mirela Elena NEGRUTIU and Others v Romania - 31665/06 [2011] ECHR 1823 (11 October 2011)


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    European Court of Human Rights


    You are here: BAILII >> Databases >> European Court of Human Rights >> Mirela Elena NEGRUTIU and Others v Romania - 31665/06 [2011] ECHR 1823 (11 October 2011)
    URL: http://www.bailii.org/eu/cases/ECHR/2011/1823.html
    Cite as: [2011] ECHR 1823

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    THIRD SECTION

    DECISION

    Application no. 31665/06
    by Mirela Elena NEGRUŢIU and Others
    against Romania

    The European Court of Human Rights (Third Section), sitting on 11 October 2011 as a Committee composed of:

    Alvina Gyulumyan, President,
    Luis López Guerra,
    Nona Tsotsoria, judges,
    and Marialena Tsirli, Deputy Section Registrar,

    Having regard to the above application lodged on 26 July 2006,

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

    Having deliberated, decides as follows:

    PROCEDURE

    The applicants are Romanian nationals and live in Deva. Their identification data can be found in the appended table. They were represented before the Court by Ms Claudia-Elvira Mera, a lawyer practising in Deva. The Romanian Government (“the Government) were represented by Mrs Irina Cambrea, Co-Agent of the Romanian Government.

    The applicants complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the quashing of their final decision by means of an extraordinary appeal.

    On 29 June 2011 and 5 August 2011 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 the amounts in euros enumerated in the appended table, covering any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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. These amounts will be 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 Alvina Gyulumyan
    Deputy Registrar President


    Annex





    Name of the applicant, date and place of birth

    Amount to be paid by the Government (in EURO)

    1.

    NEGRUŢIU Mirela Elena

    19 May 1967, Hunedoara

    967

    2.

    GLODEAN-ONESCU Ovidiu Cosmin

    8 January 1973, Deva

    773

    3.

    CEAN Nicolaie-Ion

    30 January 1956, Risculita

    773

    4.

    MOISIU Luminita-Corina

    24 February 1962, Simeria

    878

    5.

    VELESCU Adina Carmen

    18 July 1970, Hunedoara

    831

    6.

    PECINCU Diana

    16 August 1972, Iasi

    687

    7.

    VLAD Cecilia-Sorina

    26 February 1973, Brad

    721

    8.

    DRAIA Sanda-Ioanela

    4 June 1972, Deva

    772

    9.

    PINTEA Angela-Cristina

    4 August 1971, Cimpeni

    89

    10.

    MERA Claudia-Elvira

    30 September 1973, Hunedoara

    414

    11.

    URSA Aurora-Ileana

    19 April 1947, Vetel

    395

    12.

    UNGUREANU Elena

    6 November 1956, Avrameni

    335

    13.

    PETRICA Iuliana

    16 March 1952, Bocsig

    240

    14.

    GAITA Simona-Gabriela

    2 August 1966, Timisoara

    192

    15.

    NICSA Bianca

    12 November 1962, Hunedoara

    94



     



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URL: http://www.bailii.org/eu/cases/ECHR/2011/1823.html