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SISSANIS v. ROMANIA

Doc ref: 20943/11 • ECHR ID: 001-158365

Document date: September 29, 2015

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SISSANIS v. ROMANIA

Doc ref: 20943/11 • ECHR ID: 001-158365

Document date: September 29, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 20943/11 Nikolaos SISSANIS against Romania

The European Court of Human Rights ( Third Section ), sitting on 29 September 2015 as a Committee composed of:

Johannes Silvis , President, Iulia Antoanella Motoc , Carlo Ranzoni , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 15 March 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nikolaos Sissanis , is a Greek national, who was born in 1952 and lives in Athens. He was represented before the Court by Mr A. Sissani , a lawyer practising in Athens .

The Romanian Government (“the Government”) wer e represented by their Agent, M s C. Brumar , from the Romanian Ministry of Foreign Affairs .

On 18 December 2014 part of the applicant ’ s complaints, in particular the complaint under Article 6 of the Convention concerning the length of the criminal proceedings opened against him, was communicated to the Government.

The Greek Government, which have been informed of the case in view of the applicant ’ s nationality, did not make use of their right to intervene under Article 36 § 1 of the Convention.

On 2 March and 26 May 2015 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 him 4,200 (four thousand two hundred) euros to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses , which will be free of a ny taxes that may be applicable . It will be payable within three months from the date of notification of the decision taken by the Court. 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

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 22 October 2015 .

Marialena Tsirli Johannes Silvis Deputy Registrar President

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