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MIHĂILĂ AND OTHERS v. ROMANIA

Doc ref: 75741/13;76408/13;6350/14 • ECHR ID: 001-156017

Document date: June 18, 2015

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MIHĂILĂ AND OTHERS v. ROMANIA

Doc ref: 75741/13;76408/13;6350/14 • ECHR ID: 001-156017

Document date: June 18, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no 75741/13 Daniel Claudiu MIHĂILĂ against Romania and 2 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 18 June 2015 as a committee composed of:

Luis López Guerra , President, Johannes Silvis , Valeriu Griţco , 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 declaration s accepting a friendly settlement of the case s,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the append ed table .

The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communic ated 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, t o cover any pecuniary and non-pecuniary damage as well as costs and expenses , plus any tax that may be chargeable to the applicants. 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 th e s e 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

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 the continued examination of the applications. In view of the above, it is appropriate to strike the case s 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 a ccordance with Article 39 of the Convention .

Done in English and notified in writing on 9 July 2015 .

Karen Reid Luis López Guerra Registrar President

Appendix

No.

Application no.

Date of introduction

Applicant

Date of birth

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount (in euros per applicant)

1 .

75741/13 20/11/2013

Daniel Claudiu MIHĂILĂ 07/12/1973

25/03/2015

07/01/2015

3,600

2.

76408/13 23/11/2013

Ion NIŢĂ 09/09/1962

25/03/2015

19/01/2015

2,400

3.

6350/14 11/01/2014

Ramona-Maria ȘTEFAN 16/01/1967

25/03/2015

20/01/2015

900

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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