Resolution CM/ResDH(2021)206

Execution of the judgments of the European Court of Human Rights

Five cases against Malta

(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

69287/14

GRECH AND OTHERS

15/01/2019

15/04/2019

3356/15

EDWARD ZAMMIT MAEMPEL AND CYNTHIA ZAMMIT MAEMPEL

15/01/2019

15/04/2019

55747/16

PORTANIER

27/11/2019

41862/18

TESTAFERRATA BONICI AND OTHERS

30/06/2020

30/06/2020

29964/18

MONTANARO AND OTHERS

01/09/2020

01/09/2020

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of infringement of property rights and lack of effective domestic remedies;

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 plan and the action report provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the European Court (see documents DH-DD(2021)384 and DH-DD(2021)646 );

Considering that the question of individual measures was therefore resolved, given that the just satisfaction awarded by the European Court was paid and the properties in question had been returned to their owners or agreements between the owners and the tenants have been reached;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Apap Bologna/Ghigo and Amato Gauci groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the infringement of property rights and lack of effective domestic remedies thereof;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.