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

• Judge: CIORAN A.
• Resolution Date: April 21, 2015
• Issuing Organization: Court (Third Section Committee)

THIRD SECTION

DECISION

Application no. 16210/13Mariana HENTEAagainst 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 9 February 2013,

Having regard to the declaration submitted by the respondent Government on 16 May 2014 requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Mariana Hentea, is a Romanian national, who was born in 1946 and lives in the United States of America. She was represented before the Court by Mr A. Cioran, a lawyer practising in Timișoara.

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 and one month for two levels of jurisdiction.

On 17 September 2013, the complaint was communicated to the Government.

THE LAW

After the failure of attempts to reach a friendly settlement, by a letter of 16 May 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 Mariana Hentea, as just satisfaction, the sum of 3,240 EUR (three thousand two hundred forty Euros), amount which 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 undertake to pay...