Resolution CM/ ResDH ( 2021)47

Execution of the judgments of the European Court of Human Rights

Two cases against Romania

(Adopted by the Committee of Ministers on 11 March 2021 at the 1398 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

18037/02

GAVRILEANU

22/02/2007

05/05/2009

09/07/2007

05/08/2009

39312/07

STOMFF

02/03/2010

04/10/2010

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 of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1 due to the non-implementation by the administration of judicial decisions ordering restitution of property nationalised during the communist period;

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 information provided by the government indicating the individual measures adopted to give effect to the judgments (see documents DH-DD(2019)824 and DH-DD(2021)11 ), including the information provided regarding the payment of the just satisfaction awarded by the Court;

Recalling, as regards the case of Gavrileanu , that in the judgment on the just satisfaction, the Court decided to strike out the application, as the applicant had died in the course of the proceedings, and noting the information provided that no next-of-kin has since come forward to claim payment of the sum awarded as costs and expenses under the judgment on the merits;

Noting, as regards the case of Stomff , that the authorities have returned the property to the applicant and that in proceedings brought by him to obtain compensation for the loss of value on account of alterations to the property, the domestic courts concluded that he had failed to exhaust the domestic remedies; noting also that the just satisfaction awarded by the Court to the applicant for loss of profit and non-pecuniary damage was paid;

Considering that the question of individual measures was resolved in these cases;

Recalling that the question of general measures in relation to the efficient functioning of the mechanism of reparation for properties nationalised during the communist period, continues to be examined within the framework of the group Străin and Others and Maria Atanasiu and Others and underlining that the closure of these cases in no way prejudges the Committee ’ s evaluation of the general measures required;

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.