PĂUN v. ROMANIA
Doc ref: 18548/12 • ECHR ID: 001-142328
Document date: March 11, 2014
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THIRD SECTION
DECISION
Application no . 18548/12 Ştefan PĂUN against Romania
The European Court of Human Rights ( Third Section ), sitting on 11 March 2014 as a Committee composed of:
Dragoljub Popović , President, Luis López Guerra, Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,
Having regard to the above application lodged on 20 March 2012 ,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ştefan Păun , is a Romanian national, who was born in 1936 and lives in Cornetu .
The Romanian Government (“the Government”) were represented by their Agent, M s C. Brumar , from the Ministry of Foreign Affairs .
The applicant complained under Article 6 § 1 of the Convention of the length of the civil proceedings in which he was involved .
On 22 May 2013 the application was communicated to the Government.
On 16 December 2013 and 8 January 2014 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 2,700 (two thousand seven hundred) euros (EUR) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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 . The amount 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 Dragoljub Popović Deputy Registrar President
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