FOURTH SECTION

DECISION

Application no . 1343/14 Maria TOMA against Romania

The European Court of Human Rights (Fourth Section), sitting on 22 November 2016 as a Committee composed of:

Paulo Pinto de Albuquerque, President, Iulia Motoc , Marko Bošnjak , judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 18 December 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Ms Maria Toma, is a Romanian national, who was born in 1984 and lives in Săud . She was represented before the Court by Mr N.P . Balaci , a lawyer practising in Oradea.

2. The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar , of the Ministry of Foreign Affairs.

3. The applicant complained under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention both taken alone and in conjunction with Article 14 of the Convention about the divergent case-law of the domestic courts on the issue of the right to maternity allowance for each of the children born from multiple pregnancies. The application was communicated to the Government on 6 October 2015.

4. On 12 April 2016 and 14 March 2016 the Court received friendly settlement declarations signed by the parties under which the applicant 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 her 3,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum will 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. It will be payable within three months from the date of notification of the decision by the Court to strike the application out of the list of cases. In the event of failure to pay this sum within the said 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.

THE LAW

5. 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. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 15 December 2016 .

Andrea Tamietti Paulo Pinto de Albuquerque Deputy Registrar President