Lexploria

FOURTH SECTION

CASE OF PAS COI [1] AND OTHERS v. ROMANIA

( Applications nos. 8675/06 , 60826/10, 27616/11, 67634/11, 74155/13, 1152/14, 10538/14 and 41786/14 )

JUDGMENT

This version was rectified on 1 4 and 22 March 2016 under Rule 81 of the Rules of Court

This judgment was revised in accordance with Rule 80 of the Rules of Court in a judgment of 31 October 2017

STRASBOURG

7 January 2016

This judgment is final . I t may be subject to editorial revision.

In the case of Pas coi [2] and Others v. Romania ,

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

Vincent A. D e Gaetano, President, Egidijus KÅ«ris , Gabriele Kucsko-Stadlmayer , judges, and K aren Reid, Section Registrar ,

Having deliberated in private on 3 December 2015 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2 . The applications were communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

3 . The list of applicants and the relevant details of the applications are set out in the appended table.

4 . The applicants complained of the non-enforcement or delayed enforcement of domestic decisions according to which the applicants were entitled to various pecuniary amounts and/or to have certain actions taken by State authorities in their favour. Some applicants also raised other complaints under vari ous Articles of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

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

II. AS TO THE LOCUS STANDI OF SOME APPLICANTS IN APPLICATION N o . 41786/14

6 . The Court notes that in application no. 41786/14 the applicants Dinu Chioreanu , Gheorghe Dobrotă , Dumitru Duminică , Ion Pantelimon , Rădulescu Răducan and Costică Vlad have not been parties in the domestic outstanding proceedings insofar as their cases had been disjoined from the main case .

The Court further observes that in the same application the file contains no document signed by Virgina Ghelt and Ionică Tudor in which they indicated their wish to lodge an application with the Court.

7 . It follows that application no. 41786/14 is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected in accordance with Article 35 § 4 in respect of the eight applicants named above and indicated in the appended table (see Yavorovenko and Others v. Ukraine , no. 25663/02, §§ 19-21, 17 July 2014 and N.Z. v. Croatia , ( dec. ), no. 2140/13 , § 24 , 2 June 2015) .

II I . ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

8 . The remaining applicants complained of the non-enforcement or the delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 o f the Convention and on Article 1 of Protocol No. 1 to the Convention. Insofar as relevant, these Articles read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by a ... tribunal”

Article 1 of Protocol No. 1

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

9 . The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “heari ng” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or the delayed enforcement of final domestic judgments (see among many other authorities Hornsby v. Greece , no.18357/91, § 40, 19 March 1997).

10 . The Court also observes that the decisions in the present applications ordered the relevant authorities to execute various obligations in kind or to pay the applicants certain amounts of money. The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1 to the Convention (see for instance the case of Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania , nos. 2699/03 and 43597/07, § 69, 7 January 2014).

11 . The Court firstly notes that in application no. 67634/11 part of the final domestic decision can no longer be enforced due to an objective impossibility; therefore the applicant ’ s non-enforcement complaint relating to reinstatement is to be dismissed as manifestly ill-founded (see Ciobanu and Others v. Romania ( dec. ), nos. 898/06, 39374/07, 1161/08 and 36461/08, § 27, 6 September 2011).

12 . With respect to all the remaining complaints concerning non-enforcement or delayed enforcement of domestic decisions , the Court already found a violation in respect of issues similar to those in the present case (see the leading case of Foundation Hostel for Students of the Reformed Church and Stanomirescu , cited above).

13 . Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants ’ favour.

14 . These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention a nd Article 1 of Protocol No. 1.

IV . REMAINING COMPLAINT

15 . In application no. 27616/11 the applicant also raised a complaint under Article 6 § 1 of the Convention concerning the length of proceedings. The Court has carefully examined the complaint and considers that, in the light of all the material in its possession, it should be dismissed as manifestly ill-founded ( see Preda and Others v. Romania , nos. 9584/02, 33514/02, 38052/02, 25821/03, 29652/03, 3736 /03, 17750/03 and 28688/04, §§ 131 and 155-157, 29 April 2014) .

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

16 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

17 . Regard being had to the documents in its possession and its case law (see the Foundation Hostel for Students of the Reformed Church and Stanomirescu , cited above , §§ 90 – 91), the Court considers it reasonable to award the sums indicated in the appended table.

18 . The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.

19 . The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the complaints concerning non-enforcement or delayed enforcement raised by the applicants Dinu Chioreanu , Gheorghe Dobrotă , Dumitru Duminică , Ion Pantelimon , Rădulescu Răducan , Costică Vlad, Virgina Ghelt and Ionică Tu dor in application no. 41786/14, as well as the complaint concerning length of proceedings raised in application no. 27616/11, inadmissible;

3. Declares the complaint raised in application no. 67634/11 concerning the non-enforcement of the final decision partially inadmissible;

4 . Declares the remaining complaints concerning the non-enforcement or delayed enforcement of domestic decisions admissible ;

5 . Holds that these complaints disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non-enforcement or delayed enforcement of domestic decisions;

6 . Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the domestic decisions as referred to in the appended table;

7 . Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into national currency at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the amount indicated in the appended table at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 7 January 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Karen Reid Vincent A. De Gaetano Registrar President

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

( non-enforcement or delayed enforcement of domestic decisions)

No.

Application no.

Date of introduction

Applicant name

Date of birth Date of registration

Relevant domestic decision

Start date of non-enforcement period

End date of non-enforcement period Length of enforcement proceedings

Amount awarded for non-pecuniary damage

per applicant

(in euros)

Amount awarded for costs and expenses

per application

(in euros)

8675/06

17/02/2006

Ileana PAS COI [3]

01/07/1935

Elena HAVA

31/03/1936

Oradea District Court, 07/06/2004

13/12/2005

pending

9 years and 9 months

3,600

-

60826/10

20/09/2010

(3 applicants)

Constantin RÄ‚DOI

27/10/1944

Raluca Cristina NEGREA GHEORGHIU

25/03/1975

Ioana Georgia Alexandra Mândra GHEORGHIU NEGREA

06/07/1972

Bucharest County Court, 06/02/2008

11/03/2010

pending

5 years and 6 months

-

27616/11

22/04/2011

VECHEA ASOCIAȚIUNE FUNEBRALĂ ROMNĂ

(Old Romanian Funeral Association)

Oradea Court of Appeal, 14/10/2004

05/06/2013

pending

2 years and 4 months

1,200

-

67634/11

17/10/2011

Elena POPA

12/09/1951

Olt County Court, 17/11/2004

05/05/2005

pending

(salary entitlements)

10 years and 5 months

2,300

-

74155/13

16/11/2013

Zorița PISEK

12/01/1935

TimiÈ™ County Court, 16/11/2001

02/07/2010

pending

5 years and 3 months

-

1152/14

19/12/2013

Ion DRAGOTOIU

13/04/1950

Motru District Court, 22/06/2009

10/11/2009

pending

5 years and 10 months

-

10538/14

23/01/2014

Maria UNGURU

13/08/1952

Motru District, 15/12/2010

29/03/2011

pending

4 year s and 6 months

3,000

-

41786/14

27/05/2014

(188 applicants)

Petrică PODARU

14/11/1956

Viorel ANDREI

27/01/1967

Victor ANGHELATO

28/10/1974

Săndel ANTON

23/10/1969

Aurelia ARAMÄ‚

23/12/1961

Alecu ARBĂNAȘU

24/03/1957

Frusinica ARBĂNAȘU [4]

02/03/1958

Florentin ARICIU

08/12/1956

Marian Costel AVRAM

30/07/1963

Dinel BÄ‚CANU

01/07/1969

Fănic a [5] BĂDIN

29/07/1959

Gheorghe BÄ‚ DIN [6]

08/06/1956

Leana BÄ‚JENARU

09/11/1953

Daniel BÄ‚LAN

28/09/1971 [7]

Angheluță BĂ LUȚĂ [8]

13/05/1962

Silvia BARBU

03/01/1969

Aurel BĂTR NU [9]

20/06/1949

Dumitru BĂTR NU [10]

07/09/1956

Ion BECU

02/08/1971

Constantin BȘ CEANU [11]

31/03/1955

Gheorghe BOBOC

20/10/1965

Dănuț BOGOS [12]

29/05/1957

Marian BOITO S [13]

22/03/1972

Ion BOLDEANU

18/11/1955

Florin- Radu BORT EANU [14]

16/05/1950

Alexe BOTEA

02/08/1955

Vasile BRATU

04/06/1949

Nicu BUCUR

15/08/1950

George BUF

20/11/1950 [15]

Virgil BUF

19/12/1955

Ștefana BUF

20/02/1959

Ionica BUZOIANU

29/08/1965

Victor BUZOIANU

01/04/1957

Costel CÄ‚LIN

03/06/1953 [16]

Elena CANCIU

16/01/1961

Gheorghe CANCIU

19/01/1958

Lilica Marinela CANCIU

06/06/1971

Ghiță CANDE T [17]

15/08/1946

Marian C RNU [18]

21/05/1953 [19]

Voica CATRINA

10/05/1951

Mariana CERNAT

04/07/1967

Dinu CHIOREANU

20/05/1959

Victor CHIOREANU

14/11/1950

Florentin CHIÈšOIU

13/01/1977

Octavian CHIÈšOIU

12/12/1949

Vasile CHI T OIU [20]

20/10/1953

Matei CIOCRLAN

26/04/1957

Gheorghe COMÄ‚NOIU

28/01/1952 [21]

Aurelian CONSTANTIN

29/04/1966

Constantin CONSTANTIN

16/09/1950

Maria CONSTANTIN

20/07/1954

Marinel CONSTANTIN

12/12/1955

Vasile CONSTANTIN

18/02/1969

Stănel Doru CRĂCIUN

22/08/1962

Vasile CRISTEA

26/09/1949

Rodica CUCU

10/09/1960

Liviu CULACHE

04/02/1971

Vasilică DARIE

05/11/1960

Gheorghe DECIANU

03/03/1956

Neculai DERMENGIU

07/05/1959

Fănel DIMA

21/09/1964

Florentina DINU

09/11/1974

Maria DINU

30/11/1957

Gigel DINULESCU

17/08/1952

Constantin DOBRE

02/04/1959

Tudorel DOBRE

25/11/1969

Victorița DOBRE

04/11/1968

Mariana DRĂGUȘANU

23/12/1967

Gheorghe DRÄ‚GUÈš

22/08/1969

Gheorghe DOBROTÄ‚

21/08/1956

Maria Ecaterina DUDÄ‚U

15/03/1953

Dumitru DUMINICÄ‚

01/01/1953

Valentin Adrian DUMITRU

05/08/1975

Cristache DURBACÄ‚

24/09/1970

Dorian DUÈšU

31/01/1961

Ionel ENACHE

05/05/1971

Mihaela ENACHE

03/01/1973

Alexandru FLOREA

16/01/1958

Marin FRONEA

08/07/1949

Petrica FRONEA

05/09/1952

Victor GEREA

28/09/1955

Virginia GHELT

02/11/1967

Emilia GHILINȚĂ

18/01/1966

Iuliana GHIMPE

13/07/1961

Ilie GHINDÄ‚

05/05/1955

Mihaela - Adelina [22] GHIONU

02/03/1977

Mihai GRIGORE

15/02/1959

Neculai GRIGORE

28/08/1956

Manole GROSU

22/03/1957

Lean a CHIBURȚĂ [23]

04/07/1960

Traian HAGIU

27/04/1954

Liliana HORNEÈš

04/06/1969

Ma rioara [24] ICONARU

05/05/1958

Ma rioara [25] ILIE

04/06/1965

Vasile ILIE

23/03/1960

Flavian - Ioan [26] IONESCU

17/10/1971

Mădălina - Daniela [27] IONIȚĂ

08/12/1967

Sorin IOSIF

30/04/1975

Camil IOVU

21/08/1962

Ion ISTRATI

13/10/1950

Valentina ISTRATI

16/01/1956

Dobre IVAN

28/12/1953

Stere JIRU

21/04/1964

Gheorghe LEOCÄ‚

18/02/1950

Radu LUPAȘCU

02/07/1955

Jan MANEA

20/07/1956

Petre MANEA

09/06/1959

Nicușor MARCU

25/11/1967

Mița MARIN

29/05/1958

Nicolae [28] - Cicerone MATEI

20/05/1970

Cristina - Maria [29] STAICU

14/05/1979

Fănica MERIȘOR

16/03/1956

Carmen Gina MIHAI

24/04/1964

Constantin MIHALACHE

27/06/1956

Vasile MILEA

29/02/1952

Marinela MIRCEA

23/12/1964

Ene MIRON

06/10/1956

Petrică MITITELU

25/05/1962

Adrian MOCANU

19/12/1966

Nicu MOISE

01/05/1975

Ștefan - Gior g el [30] MOISOIU

23/11/1970

Florentina MOTOC

28/05/1972

Florica MOTOC

29/05/1950

Milică MUM JIEV [31]

02/09/1955

Aurel MUREȘANU

20/08/1956

Neculița NEACȘU

17/06/1955

Nicușoara NEAGU

14/11/1952

Radu NEAGU

15/10/1949

Ion NECULAI

14/12/1970

Lucia Daniela NEGRIȘAN (MOCANU)

02/08/1968

Dumitru NICA

09/05/1956

Gheorghe NISTOR

10/10/1965

Cristinel NIȚĂ

26/02/1973

Rodica NOGHEA

08/04/1957

Ionel OANCEA

02/05/1957

Ion PANTELIMON

01/02/1955

Ion PÄ‚TRÄ‚ NOIU [32]

27/03/1949

Demetra - Diana PÄ‚ V Ä‚ LACHE [33]

02/09/1969

Ioana PETCU

04/02/1952

Toma PETCU

31/05/1953

Adrian PETREA

16/03/1964

Vasile PRLOG

30/07/1951

Gheorghe PODARU

22/01/1971

Virginia PODARU

22/03/1963

Paraschiv POPA

25/02/1967

Mihalcea POPESCU

19/10/1956

Tănțel PORCUȚ

27/06/1969

Gheorghe POTNGĂ

08/04/1954

Florin PUIU

28/01/1974

Marian PURCÄ‚REA

23/10/1970

Toma PURICE

06/11/1956

Costică RĂDULESCU

26/09/1970

Răducan RĂDULESCU

02/06/1950

Vasilică RĂFOIU

27/02/1962

Valeriu Cezar ROBITU

08/12/1975

Mioara ROȘU

30/10/1966

Florentin SECHEL

04/12/1967

Flavian ȘERBAN

11/07/1962

Ionel ȘERBAN

02/09/1969

Victor SOLTUZ MOCANU

29/09/1964

Petrică STAICU

30/09/1959

Cătălin STAMATE

20/06/1972

Viorel STAMATE

08/07/1967

Viorel STAN

18/03/1965

Ionica STANCIU (VASILE)

28/03/1971

Ionel STÄ‚NESCU

03/07/1966

Viorica ȘTIRBEI

22/08/1967

Lucian STOIAN

27/07/1957

Marian STOIAN

17/02/1960

Marin STOICA

01/10/1958

Virgil TĂB RCĂ [34]

03/11/1947

Dobre TÄ‚NASE

09/10/1950

Tache TATU

07/05/1953

Ion TOADER

04/02/1957

Neculina LUPU [35]

14/06/1970

Fănica TRIFU

03/12/1966

Nicola i e [36] TUDOR

13/12/1947

Ionică TUDOR

18/01/1952

Liliana URSE

28/07/1961

Daniela VASILE

06/11/1967

Fănica VLAD

24/08/1961

Cristian VOICU

10/02/1961

Ionuţ VOICU

14/11/1980

Mariana VOICU

01/01/1961 [37]

George ZAINEA

23/10/1958

Iuliana ZECA

22/04/1968

Costică VLAD

01/12/1960

Mohamed MOUMENE

28/06/1959

Brăila County Court, 26/01/2011

30/09/2011

pending

4 year s

-

15,000

[1] . Rectified on 22 March 2016; the text was “PĂȘCOI”

[2] . Rectified on 22 March 2016; the text was “ Pășcoi ”

[3] . Rectified on 22 March 2016; the text was “ Ileana PĂȘCOI”

[4] . Rectified on 1 4 March 2016; the text was “ Frusinica ARBANASU”

[5] . Rectified on 1 4 March 2016; the text was “ Fănică BĂDIN ”

[6] . Rectified on 1 4 March 2016; the text was “ Gheorghe BADIN”

[7] . Rectified on 14 March 2016; the text was “01/07/1969”

[8] . Rectified on 14 March 2016; the text was “ Angheluță BALUȚĂ”

[9] . Rectified on 14 March 2016; the text was “ Aurel BĂTRÎNU”

[10] . Rectified on 14 March 2016; the text was “ Dumitru BĂTRÎNU”

[11] . Rectified on 14 March 2016; the text was “ Constantin BSCEANU”

[12] . Rectified on 14 March 2016; the text was “ Dănuț BOGOȘ”

[13] . Rectified on 1 4 March 2016; the text was “ Marian BOITOȘ”

[14] . Rectified on 1 4 March 2016; the text was “ Florin Radu BORȚEANU ”

[15] . Rectified on 14 March 2016; the text was “ 12/01/1950 ”

[16] . Rectified on 14 March 2016; the text was “ 03/06/1950 ”

[17] . Rectified on 14 March 2016; the text was “ Ghiță CANDEȚ”

[18] . Rectified on 1 4 March 2016; the text was “ Marian CARNU”

[19] . Rectified on 14 March 2016; the text was “10/02/1953”

[20] . Rectified on 22 March 2016; the text was “ Vasile CHI Ț OIU ”

[21] . Rectified on 14 March 2016; the text was “ 08/12/1952 ”

[22] . Rectified on 1 4 March 2016; the text was “Adelina Mihaela GHIONU ”

[23] . Rectified on 14 March 2016; the text was “ Leanca GURĂU ”

[24] . Rectified on 14 March 2016; the text was “ Mărioara ICONARU ”

[25] . Rectified on 14 March 2016; the text was “ Mărioara ILIE ”

[26] . Rectified on 14 March 2016; the text was “ Flavian IONESCU ”

[27] . Rectified on 14 March 2016; the text was “ Mădălina IONIȚĂ ”

[28] . Rectified on 1 4 March 2016; the text was “ Nicolaie Cicerone MATEI ”

[29] . Rectified on 22 March 2016; the text was “ Cristina MEHEDINȚI (STAICU) ”

[30] . Rectified on 14 March 2016; the text was “ Ștefan MOISOIU ”

[31] . Rectified on 14 March 2016; the text was “ Milică MUNJIEV”

[32] . Rectified on 1 4 March 2016; the text was “ Ion PĂTRNOIU”

[33] . Rectified on 14 March 2016; the text was “ Demetra Diana PAVALACHE”

[34] . Rectified on 1 4 March 2016; the text was “ Virgil TABIRCĂ”

[35] . Rectified on 14 March 2016; the text was “ Neculina TOADER”

[36] . Rectified on 14 March 2016; the text was “ Nicolae TUDOR ”

[37] . Rectified on 14 March 2016; the text was “10/10/1961”

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CASE OF PĂȘCOI AND OTHERS v. ROMANIA

CASE OF PĂȘCOI AND OTHERS v. ROMANIA

LEXI