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NEGRUTIU AND OTHERS v. ROMANIA

Doc ref: 31665/06 • ECHR ID: 001-107193

Document date: October 11, 2011

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NEGRUTIU AND OTHERS v. ROMANIA

Doc ref: 31665/06 • ECHR ID: 001-107193

Document date: October 11, 2011

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 31665/06 by Mirela Elena NEGRUÅ¢IU and Others against Romania

The European Court of Human Rights ( Third Section ), sitting on 11 October 2011 as a Committee composed of:

Alvina Gyulumyan , President, Luis López Guerra , Nona Tsotsoria , judges, and Marialena Tsirli , Deputy Section Registra r ,

Having regard to the above application lodged on 26 July 2006,

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

Having deliberated, decides as follows:

PROC E DURE

The applicants are Romanian nationals and live in Deva . Their identification data can be found in the appended table. They were represented before the Court by Ms Claudia-Elvira Mera , a lawyer practising in Deva . The Romanian Government (“the Government ” ) were represented by Mrs Irina Cambrea , Co-Agent of the Romanian Government .

The applicant s complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the quashing of their final decision by means of an extraordinary appeal.

On 29 June 2011 and 5 August 2011 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 this application against an undertaking by the Government to pay them the amounts in euros enumerated in the appended table, cover ing any pecuniary and non-pecuniary damage as well as costs and expenses, which w ould be converted into Romanian lei at the rate applicable on the date of payment, and will be free of an y taxes that may be applicable . These amounts 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 th e s e sum s within the said three-month period, the Government undert ook to pay simple interest on t hem , 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 Alvina Gyulumyan Deputy Registrar President

Annex

Name of the applicant, date and place of birth

Amount to be paid by the Government (in EURO)

1.NEGRUÅ¢IU Mirela Elena

19 May 1967, Hunedoara

967

2.GLODEAN-ONESCU Ovidiu Cosmin

8 January 1973, Deva

773

3.CEAN Nicolaie -Ion

30 January 1956, Risculita

773

4.MOISIU Luminita-Corina

24 February 1962, Simeria

878

5.VELESCU Adina Carmen

18 July 1970, Hunedoara

831

6.PECINCU Diana

16 August 1972, Iasi

687

7.VLAD Cecilia- Sorina

26 February 1973, Brad

721

8.DRAIA Sanda - Ioanela

4 June 1972, Deva

772

9.PINTEA Angela-Cristina

4 August 1971, Cimpeni

10.MERA Claudia-Elvira

30 September 1973, Hunedoara

414

11.URSA Aurora-Ileana

19 April 1947, Vetel

395

12.UNGUREANU Elena

6 November 1956, Avrameni

335

13.PETRICA Iuliana

16 March 1952, Bocsig

240

14.GAITA Simona -Gabriela

2 August 1966, Timisoara

192

15.NICSA Bianca

12 November 1962, Hunedoara

LEXI

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