Decision of Court (Third Section Committee), April 21, 2015 (case DINU v. ROMANIA)

Judge:ROGOVEANU P.C.
Resolution Date:April 21, 2015
Issuing Organization:Court (Third Section Committee)

THIRD SECTION

DECISION

Application no. 35913/10Gherghina DINUagainst Romania

The European Court of Human Rights (Third Section), sitting on 21 April 2015 as a Committee composed of:

             Ján Šikuta, President,              Iulia Antoanella Motoc,              Branko Lubarda, judges,and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 17 June 2010,

Having regard to the declaration submitted by the respondent Government on 22 December 2014 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Gherghina Dinu, is a Romanian national, who was born in 1940 and lives in Bucharest. She was represented before the Court by Mr P.C. Rogoveanu, a lawyer practising in Bucharest.

The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.

The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings in which she was involved. The proceedings lasted for eleven years for three levels of jurisdiction.

On 23 October 2013, the complaint was communicated to the Government.

THE LAW

After the failure of attempts to reach a friendly settlement, by a letter of 22 December 2014 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

“The Government declare, by a way of this unilateral declaration, its acknowledgment of the violation of Article 6 § 1, as regards the length of civil proceedings.

The Government are prepared to pay to Ms Gherghina Dinu, as just satisfaction, the sum of 2,700 EUR (two thousand and seven hundred Euros), amount they consider reasonable in the light of the Court’s case-law. This sum is to cover all damage as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable in Romanian lei at the rate applicable at the date of payment to the personal account of the applicant within three months from the date of the notification of the decision pursuant to Article 37 § 1 of the Convention. In the event of failure to pay this sum within the said period, the Government...

To continue reading

Request your trial