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ERMACOV AND OTHERS v. MOLDOVA

Doc ref: 9230/05, 12457/09, 16590/08, 17948/08, 1832/08, 24167/10, 34217/08, 38689/08, 491/07, 52939/07, 5654... • ECHR ID: 001-110767

Document date: April 10, 2012

Inbound citations: 7
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Cited paragraphs: 0
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Outbound citations: 0

ERMACOV AND OTHERS v. MOLDOVA

Doc ref: 9230/05, 12457/09, 16590/08, 17948/08, 1832/08, 24167/10, 34217/08, 38689/08, 491/07, 52939/07, 5654... • ECHR ID: 001-110767

Document date: April 10, 2012

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 9230/05 Alexandru ERMACOV against Moldova and 12 other applications (see list appended ( A nnex N o. 1 ) )

The European Court of Human Rights (Third Section) , sitting on 10 April 2012 as a Committee composed of:

Alvina Gyulumyan , President, Ineta Ziemele , Mihai Poalelungi , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above applications lodged between 18 February 2005 and 14 April 2010,

Having deliberated, decides as follows:

THE FACTS

1. The applicants and the applicant companies , referred to in the attached tables , are Moldovan nationals or private companies registered in Moldova , except for Mr Topcii and Mr Banari , who are Ukrainian nationals , and Harland International Inc. , which is a private company registered in the United States of America. They lodged their applications between 18 February 2005 and 14 April 2010. The Moldovan Government (“the Government”) are represented by their Agent , Mr V. Grosu . The Ukrainian Government were informed of their right to int ervene in the applications nos. 12457/09 and 24167/10 , but did not avail themselves of that right.

2. All the applicants and the applicant companies obtained final judgments in their favour. E nforcement warrants were issued. Some of these final judgments have not been enforced to date , either fully or in part , whereas others have been enforced with delay.

3. On 1 July 2011 a new law (Law No. 87) entered into force , instituting a remedy against the problem of non-enforcement of final domestic judgments and against the problem of unreasonable length of proceedings.

4. On 29 September 2011 the Court informed the applicants and the applicant companies of the new remedy , asking whether they intended to make use of it within the six-month time-limit set by Law No. 87. The applicants ’ and the applicant companies ’ attention was drawn to the fact that according to Article 35 § 1 of the Convention , the Court may only deal with a matter after all domestic remedies have been exhausted and that failure to observe the above rule could constitute a reason for declaring the applications inadmissible.

5. The applicants and the applicant companies did not reply to the Court ’ s letter of 29 September 2011. On an unspecified date Mr Banari died. His successors also failed to inform the Court whether they wished to pursue the application on Mr Banari ’ s behalf.

THE LAW

6. Relying on various provisions of the Convention (see A nnex N o. 1 ), the applicants and the applicant companies complained that the State had failed to ensure the enforcement of the binding and enforceable judgments in their favour.

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

8. The Court further notes that the present applicants and applicant companies did not reply to its letter dated 29 September 2011 and, in view of the content of that letter, considers that these applicants and applicant companies 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 case. In view of the above, it is appropriate to strike these applications 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 Alvina Gyulumyan Deputy Registrar President

ANNEX No. 1

No.

Application no. and date of lodging

Date of communica - tion to the respondent Government

Applicant ’ s details

Final judgment

Communicated complaints

Other complaints

9230/05, lodged on 18.02.2005

20.01.2009

Mr Alexandru ERMACOV, born in 1972 and living in Hânceşti

Hânce ş ti District Court , judgments of 4 .04. 2001 , 5 .11. 2001 , 6 .08. 2003 , 29.04. 2004 , 16.09. 2004 and on 18.10. 2004

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

9003/06, lodged on 15.02.2006

08.12.2008

Ms Parascovia ILAÅžCU and 7 others (see Annex N o . 2)

Court of Appeal of the Republic of Moldova , 3 .01. 2002 ;

Chişinău Regional Court , decisions of 14 .11. 2001, 9 .04. 2002, 16 .04. 2002, 21 .03. 2002

Articles 6 of the Convention and 1 of Protocol No.1

n/a

491/07, lodged on 11.12.2006

20.01.2009

Mr Andrei NOVACOV, born in 1983 and living in Ceadîr-Lunga

Comrat District Court, 24 .01. 2002

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

52939/07, lodged on 02.12.2007

06.05.2011

Ms Violeta GĂŞIŢOI , born in 1980 and living in Chişinău

Buiucani District Court, 4.05.2007

Articles 6 and 13 of the Convention and 1 of Protocol No.1

Article 6 of the Convention (length of proceedings)

56541/07, lodged on 30.11.2007

09.12.2008

Ms Natalia PĂTRUNJEL, date of birth unknown, living in Chişinău

Chişinău Court of Appeal, 2 .11. 2006

Articles 6 of the Convention and 1 of Protocol No.1

n/a

1832/08, lodged on 29.10.2007

06.05.2011

Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău

Buiucani District Court, 2.04.2007

Articles 6 and 13 of the Convention and 1 of Protocol No.1

Article 10 of the Convention

9443/08, lodged on 30.11.2007

06.05.2011

Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău

Supreme Court of Justice, 6.06.2007

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

16590/08, lodged on 07.03.2008

30.11.2009

Harland International Inc., private company registered in the United States of America

Rîşcani District Court, 24 .12. 2007

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

17948/08, lodged on 12.03.2008

25.05.2010

Ms Elena RUSU and others

(see Annex N o . 3)

Căuşeni District Court , 23 .02. 2006

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

10.

34217/08, lodged on 25.06.2008

06.05.2011

Asociatia DNT, private company registered in Moldova

Chişinău Economic District Court , 10.12.2004

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

11.

38689/08, lodged on 11.08.2008

06.05.2011

LAL SRL, private company registered in Moldova

Supreme Court of Justice, 9.10.2002

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

12.

12457/09, lodged on 23.02.2009

30.11.2009

Mr Leonid TOPCII, a Ukrainian national, born in 1945 and li ving in Starobilsk , Ukraine

Comrat District Court, 6 .09. 1995

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

13.

24167/10, lodged on 14.04.2010

06.05.2011

Mr Grigorii BANARI , Ukrainian national , born in 1957 and deceased on an unspecified date

D ergachev District Court ( Ukraine ), 2.11.2009

Articles 6 and 13 of the Convention and 1 of Protocol No.1

n/a

ANNEX No. 2

Applicant ’ s name

Applicant ’ s details

Ms Parascovia IlaÅŸcu

Moldovan national , born in 1961 and living in Chişinău

Ms Tatiana R ă ilean

Moldovan national, born in 1966 and living in Chişinău

Ms Maria Pleasunov

Moldovan national, born in 1964 and living in Chişinău

Mr Mihai Gologan

Moldovan national, born in 1966 and living in Chişinău

Ms Valentina ArmaÅŸ u

Moldovan national, born in 1966 and living in Chişinău

Mr Boris Stepa

Moldovan national, born in 1958 and living in Chişinău

Mr Oleg Zengher

Moldovan national, born in 1961 and living in Chişinău

Mr Pimen R ă ilean

Moldovan national, born in 1965 and living in Chişinău

Ms Elena Rusu

Moldovan nationa l , born in 1960 and living in Căuş eni

Mr Vladimir Rusu

Moldovan national , born in 1952 and living in Căuşeni

Mr Constantin Rusu

Moldovan national , born in 1982 and living in Căuşeni

Ms Natalia PaniÅŸ

Moldovan national , born in 1953 and living in Căuşeni

Mr Andrei PaniÅŸ

Moldovan national , born in 1985 and living in Căuşeni

Mr Ion PaniÅŸ

Moldovan national , born in 1987 and living in Căuşeni

ANNEX No . 3

Applicant ’ s name

Applicant ’ s details

Ms Elena Rusu

Moldovan nationa l , born in 1960 and living in Căuş eni

Mr Vladimir Rusu

Moldovan national , born in 1952 and living in Căuşeni

Mr Constantin Rusu

Moldovan national , born in 1982 and living in Căuşeni

Ms Natalia PaniÅŸ

Moldovan national , born in 1953 and living in Căuşeni

Mr Andrei PaniÅŸ

Moldovan national , born in 1985 and living in Căuşeni

Mr Ion PaniÅŸ

Moldovan national , born in 1987 and living in Căuşeni

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