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MAZILU AND OTHERS v. ROMANIA

Doc ref: 28128/07;27984/10 • ECHR ID: 001-118400

Document date: March 12, 2013

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MAZILU AND OTHERS v. ROMANIA

Doc ref: 28128/07;27984/10 • ECHR ID: 001-118400

Document date: March 12, 2013

Cited paragraphs only

THIRD SECTION

DECISION

Application s no s . 28128/07 and 27984/10 Gilda Else MAZILU against Romania Mona Brigitte ARHIRE and Others against Romania

The European Court of Human Rights (Third Section), sitting on 12 March 2013 as a Committee composed of:

Alvina Gyulumyan , President, Kristina Pardalos , Johannes Silvis , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application s lodged on 19 April 2007 and 8 May 2010 respectively,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are all Romanian nationals. Their names and additional identification data are to be found in the appended table.

The Romanian Government (“the Government”) were represented by their Agent, M r s Irina Cambrea , from the Ministry of Foreign Affairs.

The applications concern the length of civil proceedings in which the applicants were involved. They relied on Article 6 § 1 of the Convention.

On the dates tabulated below the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums indicated in the appended table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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

Given their similar factual and legal background, the Court decides that the applications should be joined.

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 applications.

In view of the above, it is appropriate to strike the cases 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 accordance with Article 39 of the Convention.

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President

APPENDIX

No.

Application No.

Case title

Introduction date

Applicant ’ s name,

date of birth,

place of residence,

name of representative (if any)

Date of the Government ’ s declaration

Date of the applicants ’ declaration

Sum agreed upon as friendly settlement

(Euros)

28128/07

MAZ ILU v. Romania

19 April 2007

Gilda Else MAZILU

10 August 1922

(died on 7 September 2009)

Application pursued in the applicant ’ s name by her legal heirs

Ioana BALACI and Anca NEAMÅ¢U

3 April 1941,

Bucharest

Adrian Dan MAZILU

10 October 1946,

Bucharest

12 July 2012

9 April 2012

4,500 (jointly)

27984/10

ARHIRE and O thers v. Romania

8 May 2010

Mona-Brigitte ARHIRE

1 May 1969,

BraÅŸov , BraÅŸov County

Klaus-Günter CZELNAI,

1 June 1940,

BraÅŸov , BraÅŸov County

Angela VLÄ‚DESCU

7 November 1932,

PloieÅŸti , Prahova County

28 March 2012

13 August 2012

2,400 (jointly)

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