Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

TIRNOVETCHI AND OTHERS v. THE REPUBLIC OF MOLDOVA

Doc ref: 7847/06;7851/06;27404/06;13258/07;46011/07 • ECHR ID: 001-142033

Document date: February 18, 2014

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

TIRNOVETCHI AND OTHERS v. THE REPUBLIC OF MOLDOVA

Doc ref: 7847/06;7851/06;27404/06;13258/07;46011/07 • ECHR ID: 001-142033

Document date: February 18, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 7847/06 Vasile TIRNOVETCHI against the Republic of Moldova and 4 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 18 February 2014 as a Committee composed of:

Dragoljub Popović, President, Luis López Guerra, Valeriu Griţco, judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above applications lodged between 3 February 2006 and 11 October 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . A list of the applicants is set out in the appendix.

2 . The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.

3 . The facts of the case, as submitted by the parties, are set out in the appendix table and may be summarised as follows.

4 . The applicants obtained final court judgments in their favour, obliging local public authorities either to pay compensation for unlawfully confiscated property or to provide them with social housing.

5 . Before the Court the appl icants complained about the non ‑ enforcement of those judgments. They relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.

6 . The cases were communicated to the Government following the adoption of the pilot judgment in the case of Olaru and others ( Olaru and Others v. Moldova , nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009).

7 . The Government submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry ’ s letter.

8 . By letters dated between 16 September and 14 October 2013, sent by registered post, the applicants and their representative s were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. The applicants ’ and their representative s ’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

9 . The applicants and their representatives received those letters.

10. In applications nos. 7847/06, 7851/06, 13258/07 and 46011/07 n o response has been received from the applicants.

In application no. 27404/06 o n 23 October 2013 the applicant ’ s representat ive informed the Court that the judgment in the applicant ’ s favour had been enforced and requested the Court to proceed with the normal course of proceedings . Nevertheless, as the other applicants, this applicant failed to comply with the Court ’ s invitation to submit observations.

THE LAW

11 . The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.

12. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.

In view of the above, it is appropriate to strike the case s 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 Dragoljub Popović Deputy Registrar President

Appendix

No

Application No . and date of lodging

Applicant ’ s details

Final judgment

Case details

7847/06,

03/02/2006

Vasile TIRNOVETCHI

born on 21/12/1939

living in Donduseni,

represented by Victor MARCU

EdineÈ› District Court, 26/04/2004

Compensation of the pecuniary damage for unlawfully confiscated property located in EdineÈ›

7851/06,

03/02/2006

Tamara STIHARI

born on 03/04/1932

living in Cobani,

represented by Victor MARCU

EdineÈ› District Court, 21/07/2004

Compensation of the pecuniary damage for unlawfully confiscated property located in EdineÈ›

27404/06,

22/06/2006

Leonte GINCU

living in Marcauti,

represented by Maria PELIN

Briceni District Court, 04/05/2001

Compensation of the pecuniary damage for unlawfully confiscated property located in Briceni

13258/07,

04/03/2007

Anatolie MUNTEAN

born on 01/04/1971

living in Chisinau

Supreme Court of Justice, 22/11/2006

Social housing case (internally displaced person)

46011/07,

11/10/2007

Ion GRIGORET

born on 27/06/1933

living in Bratusenii Vechi,

represented by Victor MARCU

EdineÈ› District Court, 16/08/2005

Compensation of the pecuniary damage for unlawfully confiscated property located in EdineÈ›

© European Union, https://eur-lex.europa.eu, 1998 - 2025

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 400211 • Paragraphs parsed: 44892118 • Citations processed 3448707