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European Court of Human Rights |
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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 |