59958/10, V.B. v. MOŁDAWIA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 5 marca 2019 r. 59958/10

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0305DEC005995810

SECOND SECTION

DECISION

Application no. 59958/10

V.B.

against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 5 March 2019 as a Committee composed of:

Ivana Jelić, President,

Valeriu Griţco,

Darian Pavli, judges,

and Hasan Bakirci, Deputy Section Registrar,

Having regard to the above application lodged on 22 September 2010,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr V.B., is a Moldovan national, who was born in 1982 and lives in Chişinău. The President granted the applicant's request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Mr A. Lungu, a lawyer practising in Durleşti.

The Moldovan Government ("the Government") were represented by their Agent, Mr O. Rotari.

The applicant complained under Article 8 of the Convention about the State's failure to protect his right to protection of medical data.

On 20 and 26 December 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application against an undertaking by the Government to pay him 4,330 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Moldovan lei at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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.

Uzasadnienie prawne

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 application. In view of the above, it is appropriate to strike the case out of the list.

Sentencja

FOR THESE REASONS, THE COURT,

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 28 March 2019.

Hasan Bakirci

Ivana Jelić

Deputy Registrar

President