GUDET AND OTHERS v. MOLDOVA
Doc ref: 18472/05, 10831/06, 11003/07, 18763/05, 20260/10, 25110/05, 25686/09, 28426/08, 30861/09, 30862/09, ... • ECHR ID: 001-110770
Document date: April 10, 2012
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THIRD SECTION
DECISION
Application no. 18472/05 Elena GUDE Ţ against Moldova and 23 other applications (see list appended )
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 10 May 2005 and 1 5 September 201 0 ,
Having deliberated , decides as follows:
THE FACTS
1. The applicants and the applicant companies, referred to in the annex table , are Moldovan nationals or private companies registered in Moldova , except Partidul Popular Republican, which is a political party registered in Moldova . They lodged their applications between 10 May 2005 and 16 August 2010. The Moldovan Government (“the Government”) are represented by their Agent , Mr V. Grosu.
2. All the applicants 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 (see attached table).
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 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 ’ 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 informed the Court that they intended to make use of the new remedy. Some of them had already initiated proceedings in accordance with Law No. 87. They did not dispute the effectiveness of the new remedy.
THE LAW
6. Relying on various provisions of the Convention (see attached table), the applicants 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 in the present cases the applicants agreed to use the new remedy and that in some cases the proceedings initiated by them under Law No. 87 are still pending. They did not dispute the effectiveness of the new remedy. In this respect the Court recalls that in Balan v. Moldova ((dec.) , no. 44746/08, 24 January 2012), it has held that the new remedy introduced by Law no. 87 was designed to address the issue of delayed enforcement of judgments and that it was not ineffective. It was also held that in spite of the fact that the new remedy only became available after the introduction of that application , the applicant was obliged to use it and that using it did not constitute and excessive burden for the applicant and for other applicants in a similar position.
9. Having regard to its findings in Balan , cited above , and Manascurta v. Moldova ( ( dec .), no. 31856/07 , 14 February 2012 ) , the Court concludes that the applicants in the present cases were also required by Article 35 § 1 to avail themselves of the new domestic remedy by pursuing the domestic proceedings under Law No. 87. It notes , however , that such proceedings have not been yet completed by them.
10. It follows that the present applications, in so far as they concern alleged violations of Articles 6 and 13 of the Convention and of Article 1 of Protocol No. 1 on account on non-enforcement of final judgments must be rejected pursuant to Article 35 §§ 1 and 4 of the Convention for non ‑ exhaustion of domestic remedies.
11. The Court has examined the remainder of the applicants ’ complaints as submitted by them (see attached table). However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention and its Protocols. It follows that the respective parts of the applications must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
For these reasons , the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Marialena Tsirli Alvina Gyulumyan Deputy Registrar President
ANNEX TABLE
No .
Application no. and date of lodging
Date of communication to the respondent Government
Applicant ’ s details
Final judgment
Issue
Communicated complaints
Other complaints
Date of the applicant ’ s letter concerning the new remedy
1.
18472 / 05 , lodged on 10.05.200 5
16.12.2008
Ms Elena GUDEÅ¢ , born in 1936 , deceased in 2006, represented by her daughter and successor, Ms Elena RAÅžCO
Chişinău Court of Appeal , 3.05. 2006
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
1.11.2011
2.
18763/05, lodged on 15.05.2005
20.01.2009
Ms Maria GOLBA, born in 1956 and living in Criuleni
Supreme Court of Justice, 24.03. 2004
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
7.11.2011
3.
25110/05, lodged on 28.06.2005
22.01.2009
Mr Gheorghe CIOCAN, born in 1953 and living in Chişinău
Court of Appeal of the Republic of Moldova , 26.03. 2002
Belated enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
7.11.2011
4.
36351/05, lodged on 29.08.2005
9.12.2008
Mr Ion JOSANU, born in 1954 and living in Cioresti
Chişinău Court of Appeal , 20.07.2004
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
19.10.2011
5.
859/06, lodged on 12.12.2005
30.11.2009
Mr Igor ŢURCANU, born in 1969 and living in Edineţ
Supreme Court of Justice , 13.04.2005
Partial enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
29.09.2011
6.
10831/06, lodged 23.02.2006
16.12.2008
Ms Vera ZBÎ RNEA and Mr Nicolae CIOINA , born in 1959 and 1964 respectively and living in Chişinău
Court of Appeal of the Republic of Moldova , 30 .11. 2000
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
Article 2 of the Convention
Received by the Court on 15.11.2011
7.
38638/06, lodged on 8.09.2006
16.12.2008
Mr Sergiu BALTA , born in 1967 and living in Chişinău
Buiucani District Court , 4.09.2000
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
4.11.2011
8.
39499/06, lodged on 14.09.2006
12.11.2008
Proiecttehservice SRL , private company registered in Moldova
Economic Court of Appeal , 24.03.2004 and Economic Court of Appeal , 24.02.2004
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
4.11.2011
9.
42436/06, lodged on 28.09.2006
27.01.2009
Coldin -DC, private company registered in Moldova
Chişinău District Economic Court , 31 .01. 2003
Partial enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
14.10.2011
10.
11003/07, lodged on 09.02.2007
09.12.2008
Mr Ion CERNICA, born in 1962 and living in Sărăţenii-Vechi
Orhei District Court, 20.05.1998
Partial enforcement
Articles 6 of the Convention and 1 of Protocol No.1
Article 3 of the Convention
27.10.2011
11.
432/08, lodged on 26.12.2007
5.12.2008
Ms Svetlana ŞURAVSCHI and Ms Larisa SOLONARI, born in 1961 and 1960 respectively and living in Chişinău
Supreme Court of Justice , 1.03. 2006
Partial enforcement
Articles 6, 13 and 14 of the Convention and 1 of Protocol No.1
n/a
9.11.2011
12.
755/08, lodged on 19.10.2007
6.05.2011
Auto-Mar SRL, private company registered in Moldova
Supreme Court of Justice, 30.09.2004
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
Article 14 of the Convention
9.11.2011
13.
6928/08, lodged on 1 6 .01.2008
20.01.2009
Ms Elena BORDENIUC, born in 1961 and living in Orhei
Supreme Court of Justice , 4 .07. 2006
Partial enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
Received by the Court on 9.11.2011
14.
28426/08, lodged on 5.06.2008
27.05.2011
Mr Grigore CIOBANU, born in 1942 and living in Căuşeni
Chişinău Court of Appeal, 24.05.2006
Causeni District Court, 25.10.2006
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
19.10.2011
15.
25686/09, lodged on 29.04 .2009
6.05.2011
Mr Ion RARU, bor n on 1.11.1958, living in AndruÅŸ ul de Jos
Cahul District Court, 6.04.2004
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
Received by the Court on 8.12.2011
16.
30861/09, lodged on 10.06.2009
6.05.2011
Subervin SRL, private company registered in Moldova
Chişinău Economic District Court, 20.11.2008
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
2.11.2011
17.
30862/09, lodged on 10.06.2009
6.05.2011
Pomul SRL, private company registered in Moldova
Chişinău Economic District Court, 20.11.2008
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
2.11.2011
18.
34177/09, lodged on 15.06.2009
6.05.2011
Mr Valeriu LEONDARI, born on 8.03.1970 and living in Edin eţ
Bălţi Court of Appeal, 1.12.200 6
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
Received by the Court on 7.11.2011
19.
34196/09, lodged on 17.06.2009
6.05.2011
Partidul Popular Republican, a political party registered in Moldova
Economic Court of Appeal, 3.12.2004
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
16.12.2011
20.
40912/09, lodged on 20.07.2009
6.05.2011
Drabant SRL, private company registered in Moldova
Supreme Court of Justice, 23.07.2008
Non-enforcement
Articles 6 of the Convention and 1 of Protocol No.1
n/a
2.11.2011
21.
43501/09, lodged on 01.07.2009
14.03.2011
Ms Galina RUSU, born in 1969 and lives in Chişinău
Chişinău Court of Appeal , 12 .05. 2009
Belated enforcement
Articles 6 of the Convention and 1 of Protocol No.1
Article 14 of the Convention
8.11.2011
22.
20260/10, lodged on 22.03.2010
14.03.2011
Mr Victor GURĂU, date of birth unknown, living in Chişinău
Supreme Court of Justice , 29 .10. 2008
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
2.11.2011
23.
49294/10, lodged on 16.08.2010
14.03.2011
Ms Tatiana LOGACIOV, born in 1972 and living in Vadul lui Vod ă
Chişinău Regional Court , 13.11. 2002
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
12.10.2011
24.
56395/10, lodged on 1 5 .0 9 .201 0
14.03.2011
Rodea-Lux SRL, private company registered in Moldova
Supreme Court of Justice, 10.12.2008
Non-enforcement
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
10.11.2011