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DUMITRU v. ROMANIA AND PISAU v. ROMANIA

Doc ref: 14600/10;50017/10 • ECHR ID: 001-115650

Document date: November 27, 2012

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DUMITRU v. ROMANIA AND PISAU v. ROMANIA

Doc ref: 14600/10;50017/10 • ECHR ID: 001-115650

Document date: November 27, 2012

Cited paragraphs only

THIRD SECTION

DECISION

Applications nos . 14600/10 and 50017/10 Mihai DUMITRU against Romania and Nicolae PISĂU against Romania

The European Court of Human Rights (Third Section), sitting on 27 November 2012 as a Committee composed of:

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

Having regard to the above applications lodged on 4 March 2010 and 4 August 2010 respectively,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant in the first case, Mr Mihai Dumitru , is a Romanian national, who was born in 1950 and lives in Bârlad .

The applicant in the second case, Mr Nicolae Pisău , is a Romanian national, who was born in 1955 and lives in Bucharest.

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

Both applications concern the length of criminal and civil proceedings, respectively, in which the applicants were i nvolved. 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 below to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the 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 C ourt pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within t he 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

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 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 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 applicant ’ s declaration

Sum agreed upon as friendly settlement

(Euros)

1.

14600/10

DUMITRU v. Romania

4 March 2010

Mihai DUMITRU

28 July 1950,

Bârlad , Vaslui County .

28 March 2012

8 December 2011

1,600

2.

50017/10

PISĂU v. Romania

4 August 2010

Nicolae PISĂU

18 October 1955,

Bucharest .

5 January 2012

25 November 2011

2,000

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