Lascarache v. Romania

FOURTH SECTION

Application no. 26188/06 Gheorghe LASCARACHE and Elena LASCARACHE against Romania (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 21 March 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 application lodged on 23 June 2006,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants’ details are 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 this application, subject to an undertaking by the Government to pay them jointly the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 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 the Protocols thereto and finds no reasons to justify a continued examination of the application. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 11 April 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1of the Convention

Application no. Date of introduction

Applicant’s name

Date of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded jointly to the applicants for pecuniary and non-pecuniary damage and costs and expenses

(in euros) [1]

26188/06

23/06/2006

Elena Lascarache

05/11/1933

Gheorghe Lascarache

29/06/1938

died on 14/02/2017

pursued by heirs:

Elena Sânziana Lascarache ‑ Sabău

20/05/1972

Paul Negrus

18/07/1955

08/01/2019

02/05/2018

900

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