Resolution CM/ResDH(2021)144

Execution of the judgment of the European Court of Human Rights

Microintelect OOD against Bulgaria

(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

34129/03

MICROINTELECT OOD

04/03/2014

04/06/2014

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 final judgment transmitted by the Court to the Committee in this case and to the violation established on account of the impossibility for the applicant company to participate in administrative-penal proceedings in 2002-2004 initiated against its business partners, which resulted in the forfeiture of 64 bottles of alcohol belonging to the applicant company (violation of Article 1 of Protocol No. 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)54 );

Noting that the applicant company’s claim for pecuniary damage was dismissed by the Court due to the lack of a sufficient causal link between the violation found and the pecuniary damage alleged; noting also that the applicant company has apparently not sought compensation domestically from its business partners, that it has not complained to the Committee about the individual measures and that there is no indication of any serious negative consequences suffered from the forfeiture of the above-mentioned goods as a result of the impugned administrative-penal proceedings, considered that no further individual measures are required in the present case;

Having noted that questions concerning the possibility to obtain examination of the proportionality of a confiscation measure, which takes into account inter alia the conduct of the owner of the goods, are examined in the case Trafik Oil - 1 EOOD ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.