THIRD SECTIO N

DECISION

Application no. 23391/05 Gra ţ ian LINCAR against Romania

The European Court of Human Rights (Third Section), sitting on 21 February 2012 as a Committee composed of:

Egbert Myjer , President,

Luis López Guerra ,

Kristina Pardalos , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 8 June 2005,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Graţ ian Lincar , is a Romanian national who was born in 1952 and lives in Oradea . The Romanian Government (“the Government”) were represented by their Agent s , initially by Mr Răzvan-Horaţiu Radu and subsequently by Ms Irina Cambrea , both from the Ministry of Foreign Affairs .

The applicant complained under Article 1 of Protocol No. 1 to the Convention alone and in conjunction with Article 14 that he was discriminated in the context of the allocation of an allowance awarded to retired military personnel.

On 8 January 2009 and 20 December 2011 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 4,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Romanian lei at the rate applicable on the date of payment, free of any taxes that may be applicable and 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 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 (Article 37 § 1 in fine of the Convention).

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.

Marialena Tsirli Egbert Myjer Deputy Registrar President