THIRD SECTION

DECISION

Application no . 36773/13 Radu Andrei IONESCU and Barbu Serban IONESCU against Romania

The European Court of Human Rights ( Third Section ), sitting on 24 June 2014 as a Committee composed of:

Alvina Gyulumyan , President, Johannes Silvis , Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 25 April 2013 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Radu Andrei Ionescu and Mr Barbu Serban Ionescu , we re Romanian nationals, who were born in 1948 and 1943 respectively and live d in Bucharest. They were represented before the Court by Ms L. Cinteză , a lawyer practising in Bucharest .

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

The applicants complained under Article 6 § 1 of the Convention about the length of the civil proceedings in which they had been involved .

On 6 November 2013, this complaint was communicated to the Government.

On 1 April 2014, the heirs of Mr Barbu Serban Ionescu, Ms Victoria Elena Ionescu, Ms Anca Br â ndu ş a Ionescu and Mr Dan Alexandru Ionescu informed the Court of the second applicant ’ s death and expressed their intention to pursue the proceedings before the Court.

On 17 April 2014 and 23 April 2014 the Court received friendly settlement declarations signed by the parties under which the first applicant and the heirs of the second applicant agreed to waive any further claims against Romania in respect of the facts giving rise to this application against an under taking by the Government to pay 3,000 (three thousand) euros (EUR) to Mr Radu Andrei Ionescu and 3,000 (three thousand) euros (EUR) to Ms Victoria Elena Ionescu, Ms Anca Br â ndu ş a Ionescu and Mr Dan Alexandru Ionescu jointly, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Romanian lei at the rate ap plicable on the date of payment and will be free of any taxes that may be applicable . Such amounts 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.

Marialena Tsirli Alvina Gyulumyan              Deputy Registrar President