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FLOREA AND OTHERS v. ROMANIA

Doc ref: 23755/15;34447/15;18197/16;31506/16 • ECHR ID: 001-172495

Document date: March 2, 2017

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FLOREA AND OTHERS v. ROMANIA

Doc ref: 23755/15;34447/15;18197/16;31506/16 • ECHR ID: 001-172495

Document date: March 2, 2017

Cited paragraphs only

4FOURTH SECTION

DECISION

Application no. 23755/15 Ion FLOREA against Romania and 3 other applications (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 2 March 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus Kūris, Gabriele Kucsko-Stadlmayer, 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 3 of the Convention concerning the inadequate conditions of detention 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. 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 the Protocols thereto and finds no reasons to justify a 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 23 March 2017 .

Karen Reid Vincent A. De Gaetano Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Representative name and location

Date of receipt of Government declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [i]

23755/15

30/07/2015

Ion Florea

11/05/1977

03/11/2016

05/01/2017

13,100

34447/15

06/08/2015

Cristian TalpoÅŸ

09/11/1976

Vasile RareÈ™ Biro

Satu Mare

02/01/2017

17/11/2016

10,100

18197/16

17/06/2016

Grigore Roznoveanu

27/08/1961

02/01/2017

15/11/2016

4,100

31506/16

21/06/2016

Adrian-Marius Pană

14/03/1984

06/01/2017

27/10/2016

4,200

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

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