Resolution CM/ ResDH (2010)78 [1]

Execution of the judgment of the European Court of Human Rights

Sildedzis against Poland

(Application No. 45214/99 , judgment of 24/05/2005, final on 24/08/2005 )

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the applicant ’ s right to the peaceful enjoyment of his possessions, in that the applicant was prevented from using his car for more than two years on account of the administrative authorities ’ refusal to register it on suspicion that it had been stolen (violation of Article 1 of Protocol No. 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 judgment;

Having satisfied itself that within the time-limit the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of 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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2010)78

Information about the measures to comply with the judgment in the case of

Sildedzis against Poland

Introductory case summary

The case concerns a violation of the applicant ’ s right to the peaceful enjoyment of his possessions, in that, for more than two years he was prevented from using his car bought at a public auction organised by the Tax Office in 1997, due to the administrative authorities ’ refusal to register it on suspicion that it had been stolen (vio lation of Article 1 of Protocol No.1).

The European Court concluded that the Polish regulations were not sufficiently clear at the relevant time to protect the applicant ’ s right to protection of his property against arbitrary interference by public authorities. Moreover, it found that although these regulations pursued the legitimate aim of preventing the registration of stolen vehicles, the administrative authorities ’ interference with the applicant ’ s right to property was disproportionate due to the applicant ’ s good faith and the circumstances in which he had purchased the car.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

3,000 EUR

3,000 EUR

-

6,000 EUR

Paid on 25/10/2005

b) Individual measures

The applicant ’ s car was registered on 19/07/1999, following the change of regulations. The European Court awarded the applicant just satisfaction in r espect of the pecuniary and non ‑ pecuniary damage resulting from the violation.

In the circumstances, no further individual measure appears necessary.

II. General measures

The administrative authorities ’ persistent refusal to register the car was due to the lack of clarity of the Regulation of the Minister of Transport and Maritime Economy of 01/02/1993 (in force at the material time), concerning criteria for registering vehicles. However, this was replaced by a new regulation, adopted on 19/06/1999 which entered into force on 01/07/1999 (see § 29 of the judgment), which exempted car owners from the obligation to submit certain certificates if the car has been purchased at a public auction or from a person executing an order for forfeiture to the state treasury.

The Regulation of 19/06/1999 was repealed by a legislative amendment which entered into force on 01/01/2002. Since that date, the registration of vehicles purchased at public auctions or from persons executing an order of forfeiture to the state treasury is governed by Section 72 of the Road Traffic Act. It provides that the owner of a vehicle thus acquired is exempted from the obligation to submit certain certificates and moreover (Section 66a), that if the identification numbers of the vehicle have been removed or forged, the competent administrative body ( starosta ) must allocate new ones with a view to the vehicle ’ s registration.

In the circumstances, no further general measures appear necessary.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 3 June 2010 at the 1086th meeting of the Ministers’ Deputies