INTERIM resolution DH (99) 333

HUMAN RIGHTS

APPLICATION No. 32922/96

C.C.M.C. AGAINST Romania

(Adopted by the Committee of Ministers on 15 April 1999 at the 666th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 15 September 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 6 May 1996 by a Romanian national, Ms C.C.M.C., against Romania;

Whereas on 28 October 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in her application, declared admissible by the Commission on 15 January 1998, the applicant complained about the excessive length of certain proceedings before administrative and judicial authorities, and in particular the length of certain enforcement proceedings of the judgments rendered aiming at the destruction of buildings unlawfully built by third persons on the applicant’s land; of a breach of the right to the peaceful enjoyment of her possessions and of a breach to the right to respect for her private and family life, a consequence of the length of the enforcement proceeding;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention, that it was not necessary to examine whether there had been a violation of Article 1 of Protocol No. 1 and that it was not necessary to examine whether there had been a violation of Article 8 of the Convention;

Whereas at the 666th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 April 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.