Interim Resolution CM/ResDH(2021)194

Execution of the judgments of the European Court of Human Rights

S.C. Polyinvest S.R.L. and Others against Romania (Application No. 20752/07) and similar cases

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

20752/07+

S.C. POLYINVEST S.R.L. AND OTHERS (Applications concerning S.C. POLYINVEST S.R.L. (No. 20752/07) and OMEGATECH ENTERPRISES LTD. (No. 24612/07))

29/03/2018

29/03/2018

19001/05

RJ IMPORT ROGER JAEGER A.G. AND RJ IMPORT BUCURESTI S.A.

03/11/2011

03/11/2011

32168/05

IGNÄ‚TESCU AND OTHERS (Application concerning BOD AND OTHERS (No. 30403/06))

17/03/2015

17/03/2015

8675/06

PÄ‚ÅžCOI AND OTHERS (Application concerning PODARU AND OTHERS (No. 41786/14))

07/01/2016

07/01/2016

24693/07

ZLATIN AND OTHERS (Applications concerning ZLATIN (No. 24693/07), TOMIUC (No. 34883/10) and IORDAN (No. 47967/13))

29/03/2018

29/03/2018

35723/03

BEÅžLEAGÄ‚ AND OTHERS (Application concerning BEÅžLEAGÄ‚ (No. 35723/03))

21/02/2019

21/02/2019

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgments of the Court finding violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1, due to the non-enforcement of court decisions or arbitral awards ordering State-controlled companies to pay various amounts to the applicant parties;

Reiterating with firm insistence that Romania, as every contracting State, has an unconditional obligation, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the Court in any case to which it is a party, fully, effectively and promptly;

Underlining once more that, to fulfil this unconditional obligation in the present cases, Romania is required to pay, from State funds, all the sums due, granted in the court decisions or arbitral awards, with default interest up to the date of the payment, whether as specified in the decisions or awards or, failing such specification, together with the statutory interest due under domestic law;

Deeply regretting that, despite the Committee’s urgent and repeated calls, including in Interim Resolution CM/ResDH(2020)182 , the authorities have not yet made the required payments and expressing its utmost concern at their continuing failure to secure redress to the applicants for the violations established in these judgments;

Deploring the prolonged absence of any information from the authorities on any developments in the adoption of the required remedial measures in these cases;

STRONGLY EXHORTED the authorities to urgently secure redress to the applicants for the violations found by making the required payments without any further delay;

URGED the authorities to keep the Committee duly informed of all relevant developments;

DECIDED to resume consideration of the individual measures in these cases at its 1419 th meeting (30 November - 2 December 2021) (DH).