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    European Court of Human Rights


    You are here: BAILII >> Databases >> European Court of Human Rights >> Iosa Gherasim VLACIS v Romania - 31135/05 [2012] ECHR 1020 (29 May 2012)
    URL: http://www.bailii.org/eu/cases/ECHR/2012/1020.html
    Cite as: [2012] ECHR 1020

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    THIRD SECTION

    DECISION

    Application no. 31135/05
    Iosa Gherasim VLACIS against Romania
    and 16 other applications
    (see list appended)

    The European Court of Human Rights (Third Section), sitting on 29 May 2012 as a Committee composed of:

    Egbert Myjer, President,
    Luis López Guerra,
    Kristina Pardalos, judges,
    and Marialena Tsirli, Deputy Setion Registrar,

    Having regard to the above applications lodged on the dates tabulated below,

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

    Having deliberated, decides as follows:

    PROCEDURE

    The applicants are Romanian nationals whose details are tabulated below. The Romanian Government (“the Government”) were represented by their Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs.

    All applications concern the length of civil or criminal proceedings in which the applicants were involved. The applicants relied on Article 6 § 1 of the Convention.

    On the dates tabulated below the Court received friendly settlement declarations signed by the parties under which the applicants or the representatives on their behalf agreed to waive any further claims against Romania in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums tabulated below 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, and will be free of any taxes that may be applicable. They 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 cases.

    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 applications (Article 37 § 1 in fine of the Convention).

    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.

    Marialena Tsirli Egbert Myjer
    Deputy Registrar President


    Appendix


    No.

    Case

    Date of introduction

    Applicants’ details (name, date of birth, place of residence and name of representative)

    Date of the Government’s declaration

    Date of the applicants’ declaration

    Sum agreed on for friendly settlement (euros)

    1.

    31135/05

    VLACIS v. Romania

    08/08/2005

    Iosa-Gherasim VLACIS

    22/03/1956

    Arad

    02/11/2011

    04/08/2011

    800

    2.

    1044/06

    PETRARIU v. Romania

    15/12/2005

    Marinela Elena PETRARIU

    09/03/1959

    Grozesti

    24/01/2012

    22/11/2011

    2,000

    3.

    34543/06

    MALIN v. Romania

    18/08/2006

    Maria MALIN

    01/08/1939

    Craiova

    Eliseu MALIN – deceased, application continued by his heir, the first applicant

    28/02/2011

    03/08/2011

    3,600

    4.

    52778/07

    BALASSY and others v. Romania

    12/06/2007

    Anna BALASSY

    15/05/1953

    Cristuru Secuiesc

    Rozalia DAVID

    23/01/1951

    Odorheiu Secuiesc

    Francisc BALASZI

    22/04/1949

    Odorheiu Secuiesc

    - all represented by Anna Balassy

    26/10/2011

    22/08/2011

    3,200 jointly

    5.

    53163/07

    ILIE and IARCA v. Romania

    26/11/2007

    Niculina ILIE

    21/11/1949

    Brasov

    Maria IARCA

    29/11/1944

    Pitesti

    - both represented by Ion Iordache

    12/03/2012

    19/01/2012

    2,400 jointly

    6.

    36816/08

    LĂCĂTUŞ v. Romania

    30/06/2008

    Ludovic LACATUS

    2/03/1932

    Budacu de Jos

    24/02/2012

    31/01/2012

    2,000

    7.

    43156/08

    PAVEL and RADU v. Romania

    03/09/2008

    Elena PAVEL

    7/03/1972

    Bucharest

    Elena RADU –deceased, application continued by her heir, the first applicant

    - represented by Anca Ghencea

    02/02/2012

    10/01/2012

    1,600

    8.

    43462/08

    LAZIN v. Romania

    01/09/2008

    Nicolae LAZIN

    24/11/1945

    Baia Mare

    - represented by Vasile Jurj

    23/01/2012

    11/11/2011

    2,400

    9.

    54439/08

    MURESAN v. Romania

    30/10/2008

    Silvia MURESAN

    29/12/1960

    Oradea

    Vasile MURESAN

    14/05/1954

    Loma Linda

    - both represented by Cornel Ardeleanu

    21/02/2012

    15/12/2011

    4,800 jointly

    10.

    57688/08

    BIOLAN v. Romania

    18/11/2008

    Iulian BIOLAN

    15/12/1962

    Maldareni

    30/01/2012

    12/12/2011

    1,600

    11.

    61592/08

    ALEXE v. Romania

    03/12/2008

    Dumitru ALEXE

    28/07/1944

    Letitia ALEXE

    01/11/1946

    - both residing in Cristian

    03/02/2012

    14/12/2011

    2,100 jointly

    12.

    199/09

    Valer POPA v. Romania

    18/12/2008

    Valer POPA

    29/09/1959

    Oradea

    - represented by Vlad Cigan

    27/03/2012

    30/01/2012

    4,000

    13.

    1466/09

    MĂGERUŞANU v. Romania

    18/12/2008

    Livius George MAGERUSANU

    11/07/1952

    Bucharest

    - represented by Septimiu Sorin Cus

    26/03/2012

    29/11/2011

    4,800

    14.

    42529/09

    KULPINSKI v. Romania

    30/07/2009

    Margit KULPINSKI

    10/06/1959

    Sfantu Gheorghe

    20/03/2012

    8/02/2012

    2,000

    15.

    52970/09

    OPREA v. Romania

    21/09/2009

    Marioara OPREA

    25/05/1960

    Bucharest

    19/12/2011

    11/12/2011

    3,200

    16.

    61196/09

    MUNTEAN v. Romania

    10/11/2009

    Roxana MUNTEAN

    27/12/1979

    Dej

    - represented by Gabriela Mican

    23/01/2012

    28/11/2011

    2,400

    17.

    32194/10

    DUMITRESCU v. Romania

    02/06/2010

    Maria DUMITRESCU

    11/09/1983

    Mariana DUMITRESCU

    3/03/1958

    Ioan DUMITRESCU

    19/08/1953

    - all residing in Bucharest

    23/01/2012

    03/11/2011

    2,600 jointly


     



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