Horj and Others v. Romania

THIRD SECTION

This decision is to be read in view of the decision adopted on 12 April 2018

Application no. 16762/10 Gicu HORJ against Romania and 4 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 1 October 2015 as a Committee composed of:

Valeriu Griţco, President ,

Branko Lubarda,

Mārtiņš Mits, judges ,

and Karen Reid, Section Registrar ,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Romanian Government (“the Government”).

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three ‑ month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the 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.

Done in English and notified in writing on 22 October 2015.

Karen Reid Valeriu Griţco Registrar President

Appendix

No.

Application no.

Date of introduction

Applicant name

Date of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount for pecuniary, non-pecuniary damage and costs and expenses [1] per applicant (in euros)

16762/10

15/03/2010

Gicu HORJ

21/02/1965

20/07/2015

01/12/2014

3,100

26529/11

19/04/2011

Sorin-Iulian COVACI

20/10/1964

20/07/2015

14/01/2015

2,100

21204/12

29/03/2012

Niculina PANAIT

14/10/1956

02/07/2015

15/01/2015

1,500

34888/12

26/04/2012

S.C. IAKOTRANS S.R.O.

František KOPÁL

07/02/1955

15/07/2015

27/01/2015

3,600

49281/12

20/07/2012

Cristian Marius NIȚĂ

28/02/1969

02/07/2015

21/01/2015

6,000

[1] Plus any tax that may be chargeable to the applicants.