FOURTH SECTION

DECISION

Application s no s . 2097/04 and 21721/07 Constantin Mircea TURCULET IONESCU against Romania and Ion ILIE and Others against Romania

The European Court of Human Rights (Fourth Section), sitting on 3 September 2020 as a Committee composed of:

Stéphanie Mourou -Vikström, President,

Georges Ravarani,

Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The list of applicant s is set out in the appended table.

2 . The applicants ’ complaints under Article 1 of Protocol No. 1 to the Convention concerning their inability to obtain restitution of their nationalised properties or to secure compensation therefor were communicated to the Romanian Government (“the Government”). The applicants also raised other complaints under the provisions of the Convention.

3 . At various dates after notice of the applications had been given to the Government, the parties informed the Court that the claimed properties had been returned to the applicants.

THE LAW

4 . Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

5 . The Court finds that, since the claimed properties have been returned to the applicants and having regard to its well-established case-law on the topic (see Ana Ionescu and Others v. Romania , nos. 19788/03 and 18 others, §§ 15-16, 26 February 2019), the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention. It further considers that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine .

6 . Accordingly, the applications should be struck out of the list as regards the complaints under Article 1 of Protocol No. 1.

7 . The applicant s also raised other complaints under various articles of the Convention.

8 . The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

9 . It follows that this part of the application s must be rejected in accordance with Article 35 § 4 of the Convention.

10 . In application no. 2097/04, the applicant claimed reimbursement of alleged costs and expenses incurred. However, the Court notes that he has neither quantified nor substantiated his claims. Accordingly, it finds no reason to award him any sum on that account.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the application s out of its list of cases as regards the complaints under Article 1 of Protocol No. 1 to the Convention;

Declares the remainder of the applications inadmissible;

Rejects the applicant ’ s claims for cost and expenses in application no. 2097/04.

Done in English and notified in writing on 24 September 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 1 of Protocol No. 1 t o the Convention (restitution of nationalised property)

No.

Application no.

Date of introduction

Applicant ’ s name

Year of birth

Representative ’ s name

Identification

of property

Domestic decision acknowledging the applicants ’ title to property

Domestic decision confirming the validity of the third parties ’ title to property

Matter has been resolved

2097/04

07/11/2003

Constantin Mircea TURCULET IONESCU

1945L.E. Cosma

Bucharest

No. 93 Trotusului street

06/03/2001

Bucharest Court of Appeal

10/10/2000

Bucharest Court of Appeal

Second action:

05/09/2003

Bucharest Court of Appeal

26/09/2008

Bucharest County Court

Decisions enforced

21721/07

24/04/2007

(6 applicants)

Ion ILIE

1934Anca-Maria ILIE

1938Åžerban-Mihai ILIE

1970Stelian-Ion ILIE

1967Ioan-Nicolae BOATÄ‚

1942Victoria Åžtefania Minona VERHUVEN

1940Bucharest

No. 4 Brezoianu Street

23/02/1994

Bucharest District Court

27/10/2006

Bucharest Court of Appeal

12/04/2011

Bucharest Court of Appeal

Decision enforced