SECOND SECTION

DECISION

Application no. 39107/14 Natalia ROMANENCO against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 25 March 2021 as a Committee composed of:

Branko Lubarda, President, Carlo Ranzoni, Pauliine Koskelo, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 May 2014,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Natalia Romanenco , is a Moldovan national who was born in 1975. She was represented before the Court by Mr C. T ănase , a lawyer practising in Chișinău .

The applicant ’ s complaints under Article 8 of the Convention and under Article 1 of Protocol No. 1, concerning eviction from her apartment in the absence of a legal basis, were communicated to the Moldovan Government (“the Government”).

After the communication, the Government initiated revision proceedings before the Supreme Court of Justice with a view to remedying the situation complained about by the applicant. By a judgment of 11 September 2019, the Supreme Court of Justice upheld the Government ’ s revision request and quashed the judgment which served as a basis for the alleged violation and acknowledged a breach of the applicant ’ s rights guaranteed by Article 1 of Protocol No. 1. The Supreme Court also ordered a fresh examination of the case. By its subsequent final judgment of 28 October 2020, the Supreme Court upheld the lower courts ’ judicial decisions in the applicant ’ s favour.

THE LAW

The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the complaints in the present application.

The declaration provided that the Government acknowledged the breach of Article 8 of the Convention. They also noted that as a result of the revision procedure initiated by them, the Supreme Court had remedied the situation and acknowledged the breach of Article of Protocol No. 1. The Government also offered to pay the applicant 2,700 euros (EUR) (two thousand and seven hundred euros) to cover pecuniary and non-pecuniary damage, as well as costs and expenses. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, would be free of any taxes that may be applicable and would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay that amount within the above-mentioned 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.

Therefore, the Government invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention.

By a letter of 27 November 2020, the applicant indicated that she was not satisfied with the terms of the unilateral declaration.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

Noting the admissions contained in the Government ’ s declaration as well as the amount of compensation proposed for pecuniary and non-pecuniary damage – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).

The Court also has the discretion to award legal costs when it strikes out an application (Rule 43 § 4 of the Rules of Court). The general principles governing reimbursement of costs under Rule 43 § 4 are essentially the same as under Article 41 of the Convention (see, among others, Union of Jehovah ’ s Witnesses of Georgia v. Georgia (striking out), no. 72874/01, § 33, 21 April 2015 , and Meriakri v. Moldova (striking out), no. 53487/99, § 33, 1 March 2005 ). In the present case, having regard to the documents in its possession, to its case-law and to the amount already proposed by the Government, the Court considers it reasonable to award the applicant an additional sum of EUR 300 (three hundred euros ) in respect of legal costs and expenses, plus any tax that may be chargeable to her that regard. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

In view of the above, it is appropriate to strike the case out of the list .

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Government ’ s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Holds

(a) that the respondent State is to pay to the applicant, within three months, in addition to the sum contained in the unilateral declaration submitted by the Government, EUR 300 (three hundred euros), plus any tax that may be chargeable in this respect to the applicant, to be converted into the national currency at the rate applicable on the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English and notified in writing on 15 April 2021 .

Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President