Resolution CM/ ResDH (2018)355 Execution of the judgments of the European Court of Human Rights

Two cases against Romania

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

41857/02

FLORESCU

08/03/2007

08/06/2007

14019/05

DUMITRESCU (No. 1)

14/02/2008

14/05/2008

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 1 of Protocol No. 1 on account of the sale by the State of property nationalised under the communist regime from the applicants or their relatives without securing compensation for them, despite domestic court decisions declaring unlawful the acts of nationalisation;

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 regarding the payment of the just satisfaction awarded by the Court in these cases ( DH-DD(2018)688 and DH-DD(2018)689 );

Noting, as regards the individual measures, that the Court left to the authorities the choice between restoring the original properties to the applicants and paying them just satisfaction in respect of pecuniary damage;

Noting that the payment of the sums awarded by the Court in respect of pecuniary damage was suspended at the applicants ’ request, pending the outcome of domestic proceedings brought by them to recover the properties; that the applicants waived any claim to default interest in respect of the above sums; and that the sums awarded by the Court in respect of non-pecuniary damage and/or costs and expenses were paid to them;

Taking note of the authorities ’ undertaking to pay the applicants, when they so request, the sums awarded for pecuniary damage by the Court, if the properties have not been restored to them in the meantime;

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 cases of Maria Atanasiu and Others and Străin and Others and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures in relation to the reform of the mechanism of reparation for property nationalised under the communist regime;

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.