Resolution CM/ ResDH (2012) 213 [1] Postolache No. 2 and SC Marolux SRL and Jacobs against Romania

Execution of the judgments of the European Court of Human Rights

(Applications Nos. 48269/08 and 29419/02, judgments of 6 July 2010 and 21 February 2008, final on 22 November 2010 and 1 December 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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the lack of access to a court due to excessive court fees (violations of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent State to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent State paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of

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

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent State (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2012) 213

Information on the measures taken to comply with the judgments in the cases of Postolache No. 2 and SC Marolux SRL and Jacobs against Romania

Introductory case summary

These cases concern the lack of access to a court in 2002 and 2004, due to excessive court fees (violations of Article 6, paragraph 1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non- pecuniary damage

Costs and expenses

Total

Postolache No. 2 (48269/08)

-

4 000 EUR

-

4 000 EUR

Paid on 21/01/2011

SC Marolux SRL and Jacobs (29419/02)

-

10 000 EUR

1 915,14 EUR

11 915,14 EUR

Paid on 20/02/2009

b) Individual measures

Article 322§9 of the Romanian Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court has found a violation of the Convention.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ ResDH ( 2 011)24 adopted in the case of Iorga against Romania (judgment of 25/01/2007).

III. Conclusions of the respondent State

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 6 December 2012 at the 11 57 th Meeting of the Ministers’ Deputies .