Resolution CM /ResDH(2007)30 [1]

Execution of the judgments of the European Court of Human Rights

P incov á and P inc against the Czech Republic Zvolský and Zvolská against the Czech Republic

(Applications No. 36548/97 and 46129/99 , judgments of 5 November 2002 and 12 November 2002 , final on 5 February 2003 and 12 February 2003 )

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 referred to as “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 deprivation of property acquired under the Communist regime, pursuant to the law on restitution (violation of Article 1 of P rotocol No. 1) and the right of access to the Constitutional Court (violation 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 in order to comply with the Czech Republic ' s 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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,

DECLARES 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(2007)30

Information about the measures taken to comply with the judgments in the cases of

P incová and P inc against the Czech Republic

Zvolský and Zvolská against the Czech Republic

Introductory case summary

The cases concern the application of the Czech Law of 1991 on land ownership which resulted in the return to the former owners, in 1994 and 1995, of property which the applicants had acquired in 1967 in good faith and in return for a consideration. The European Court found, inter alia , that Article 8 of this Law ruled out the examination, in individual cases, of particular circumstances in which assets had been transferred to applicants during the Communist period. This lack of an individual approach, together with the absence of adequate and reasonable compensation for the deprivation of property, affected the just balance which must be struck between the protection of individual property and the requirements of the general interest (violation of Article 1 of P rotocol No. 1).

The case of Zvolský and Zvolská also concerns a violation of the right of access to the Constitutional Court, which rejected the applicants ' complaint as being out of time, penalising them for appealing on a point of law before lodging their constitutional complaint (violation of Article 6, paragraph 1).

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name, application No.

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

P inc ová and P inc

36548/97

35 000 EUR

9 227,28 EUR

44 227,28 EUR

P aid on 28/04/2003

Zvolský and Zvolská

46129/99

50 000 EUR

-

3 000,00 EUR

P aid on 28/04/2003

b) Individual measures

The pecuniary damage suffered by the applicants was compensated by the European Court under Article 41 of the Convention.

II. General measures

Concerning the violation of the right of access to the Constitutional Court , the case of Zvolský and Zvolská presents similarities to that of Bĕlĕs and others against the Czech Republic (judgment of 12 November 2002) (see Resolution CM /ResDH(2007)31 in the Soudek case).

Concerning the 1991 Law on land ownership , this law sets out to regulate individual situations caused by transfers of property which took place under the communist regime so as to redress economic wrongs caused to the former owners. The deadline for lodging restitution requests under this law expired more than ten years ago, so there are only a very limited number of cases still pending today. The violations found in these cases are isolated and do not call for legislative change.

The judgments of the European Court have been translated and published on the internet site of the Ministry of Justice and they have been widely disseminated to the Czech authorities.

III. Conclusions of the respondent state

The Government considers that the measures taken will prevent similar new violations in the future in the Czech Republic and as a consequence has fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies