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FODOR AND OTHERS v. ROMANIA

Doc ref: 41139/14, 77366/14, 222/15, 3527/15, 3601/15, 18122/15, 18729/15, 41655/15, 50505/15, 51773/15, 6053... • ECHR ID: 001-170181

Document date: December 1, 2016

Inbound citations: 3
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Cited paragraphs: 0
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Outbound citations: 1

FODOR AND OTHERS v. ROMANIA

Doc ref: 41139/14, 77366/14, 222/15, 3527/15, 3601/15, 18122/15, 18729/15, 41655/15, 50505/15, 51773/15, 6053... • ECHR ID: 001-170181

Document date: December 1, 2016

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 41139/14 Gabriel-Alexandru FODOR against Romania and 11 other applications (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 1 December 2016 as a Committee composed of:

Vincent A. D e Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges,

and Hasan Bakırcı, Deputy 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 20 December 2016 .

Hasan Bakırcı Vincent A. D e Gaetano Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention)

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]

41139/14

23/06/2014

Gabriel-Alexandru FODOR

27/08/1971

24/08/2016

06/10/2016

3,900

77366/14

19/01/2015

Ioan -Marius DUMITRU

26/01/1978

Irina-Maria PETER

București

07/10/2016

30/09/2016

6,900

222/15

04/03/2015

Juan-Carlos MOLINA-UMANA

02/01/1985

Irina-Maria PETER

București

05/10/2016

10/06/2016

3,000

3527/15

30/01/2015

Remus Ion ROÅžCA

12/07/1970

05/10/2016

08/09/2016

7,700

3601/15

09/02/2015

Ștefan ALEXE

24/06/1979

Cristina Adina ȘTEFAN

Bogati

25/08/2016

25/07/2016

4,200

18122/15

05/05/2015

Cristian CORPODEAN

04/08/1976

03/10/2016

02/09/2016

8,300

18729/15

13/05/2015

Mircea MOLDOVAN

28/09/1968

03/10/2016

26/08/2016

6,300

41655/15

14/09/2015

Vasile DÄ‚NESCU

31/10/1977

05/10/2016

09/09/2016

4,700

50505/15

03/11/2015

Constantin PRUNARU

03/05/1993

07/10/2016

03/08/2016

3,500

51773/15

23/11/2015

Vasile TUPIȘCA

08/03/1985

05/10/2016

25/07/2016

3,000

60530/15

02/12/2015

Daniel BULIGA

19/11/1968

05/10/2016

12/08/2016

3,300

8342/16

03/02/2016

Vasile-Marcel GLIÈšIA

01/03/1983

Adrian STANCU

Oradea

05/10/2016

20/06/2016

3,000

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

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