Mușat and Others v. Romania

FOURTH SECTION

Application no. 27514/06 Antonia MUȘAT against Romania and 2 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 14 February 2019 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy 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 1 of Protocol No. 1 concerning the restitution and compensation mechanism set forth by Law no. 9/1998 on the granting of compensation to Romanian citizens in respect of properties taken over by the Bulgarian State pursuant to the Craiova Treaty of 7 September 1940 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. 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 the Protocols thereto 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.

Done in English and notified in writing on 7 March 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention

No.

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

27514/06

30/06/2006

Antonia Mușat

03/11/1942

Dumitru Popovici,

Bucharest

08/01/2019

04/05/2018

900

32074/06

30/06/2006

Ianula Costică

01/08/1932

Dumitru Popovici,

Bucharest

08/01/2019

14/06/2018

900

27615/07

20/06/2007

Marian Cristea

20/10/1958

08/01/2019

20/04/2018

900

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