LEXI - AI Legal Assistant
Sorry, there was an error communicating with our API.
Try refreshing the page, and if the error persists, please try again in a few minutes.
SOCIETATEA MUZEULUI ARDELEAN v. ROMANIA and 7 other applications
Doc ref: 30295/19;38930/19;41260/19;24056/20;26244/20;33995/20;49861/20;50246/20 • ECHR ID: 001-210798
Document date: May 31, 2021
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 4
SOCIETATEA MUZEULUI ARDELEAN v. ROMANIA and 7 other applications
Doc ref: 30295/19;38930/19;41260/19;24056/20;26244/20;33995/20;49861/20;50246/20 • ECHR ID: 001-210798
Document date: May 31, 2021
Cited paragraphs only
Published on 21 June 2021
FOURTH SECTION
Application no. 30295/19 SOCIETATEA MUZEULUI ARDELEAN against Romania and 7 other applications (see list appended) communicated on 31 May 2021
SUBJECT MATTER OF THE CASE
The applications concern the inability of the applicants to recover possession of their properties which had been unlawfully nationalised under the former communist regime and had been sold by the State to third parties. The applicants rely mainly on Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
In respect of all applications
1. Insofar as the applicants are unable to enjoy, peacefully, their possessions by reason of the State ’ s sale of the said possessions to third parties, has there been an interference with the applicants ’ rights within the meaning of Article 1 of Protocol No. 1 of the Convention (see for instance Dickmann and Gion v. Romania , nos. 10346/03 and 10893/04 , § § 90-105, 24 October 2017)?
2. If the answer is in the affirmative, has this interference been in accordance with the conditions set out in Article 1 of Protocol No. 1?
In respect of applications nos. 41260/19 and 50246/20
3. Is the applicants ’ inability to enforce the final judgments given in their favour compatible with their right of access to court, as guaranteed by Article 6 § 1 of the Convention (see for instance Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania , nos. 2699/03 and 43597/07, §§ 55-74, 7 January 2014)?
APPENDIX
Applications raising complaints under Article 1 of Protocol No. 1 to the Convention
(inability to obtain restitution of nationalised properties or to secure compensation on account of the State
having sold that property to third parties)
No.
Application no.
Date of introduction
Applicant Year of Birth/Foundation Place of Residence Nationality
Representative name
Identification of Property
Domestic decision acknowledging the applicant ’ s title to property
Domestic decision confirming the validity of the third parties ’ title to property
1.
30295/19
21/05/2019
SOCIETATEA MUZEULUI ARDELEAN 1990 Cluj-Napoca
Vilmos KESZEG
Immovable property located in Cluj-Napoca, Piața Unirii no. 11 (CF nr. 1004, nr. topo 380), Apartments nos. 2, 3, 4, 5, 7, 10 and 12
Government Emergency Ordinance no. 13/1998 on the restitution of immovable property previously owned by the communities of citizens belonging to national minorities in Romania
Final judgment of 22 November 2018, Cluj Court of Appeal
2.
38930/19
12/07/2019
Irina MANIU 1971 Bucharest Romanian Ligia MANIU 1939 Bucharest Romanian
Mihail COMÄ‚NESCU, Lawyer
Immovable property located in Bucharest, District no. 2, Dumbrava Roșie Str. no. 2, ap. 3
Final judgment of 2 May 1995, Bucharest Court of the Second District
Final judgment of 1 March 2019, Bucharest Court of Appeal
3.
41260/19
25/07/2019
Anne-Marie HONET SANDA 1938 Germering , Germany German, Romanian
Manuela BRILLAT,
Lawyer
Immovable property located in Bucharest, District no. 4, Calea Șerban Vodă no. 76-78, ap. 3
Final judgment of 7 February 2006, High Court of Cassation and Justice
Final judgment of 1 February 2019, Bucharest Court of Appeal
4.
24056/20
15/02/2010
Dana Margareta Valeria POP 1947 Genève, Switzerland Romanian, Swiss
Mirela STEGÄ‚ROIU, Lawyer
Immovable property located in Sibiu, Piața Mare no. 15 (CF nr. 1097 Sibiu, nr. topo 326/1)
Final judgment of 22 May 2003, Sibiu County Court
Final judgment of 16 December 2010, Sibiu County Court
Final judgment of 16 December 2010, Sibiu County Court
5.
26244/20
18/06/2018
Mihail-Dimitrie GHIMPA 1955 Bucharest Romanian Alisa GHIMPA 1925 Bucharest Romanian
Immovable property located in Bucharest, District no. 2, Alexandru Donici Str. no. 35, Ground floor apartment no. 2
Final judgment of 4 May 2005, Bucharest Court of Appeal
Final judgment of 12 December 2007, Bucharest Court of Appeal
6.
33995/20
13/06/2013
Mircea Dan Ioan ARMAÅžU 1959 Craiova Romanian
Pursued by heir:
Liliana Gabriela BURTAN
(second applicant )
Liliana Gabriela BURTAN 1963 Craiova Romanian
Laura-Alexandra BURTAN 1992 Craiova Romanian
Șerban Niculae LOVIN,
Lawyer
Immovable property located in Bucharest, District no. 1, Polonă Str. no. 12, Apartments nos. 1, 2 5 and 8
Final judgment of 18 November 2010, Bucharest County Court
Final judgment of 14 February 2013, High Court of Cassation and Justice
7.
49861/20
30/10/2020
Toma Leonida DRAGOMIR 1945 Timișoara Romanian
Erszebet AMBRUS-GORGYIK, Lawyer
Immovable property located in Cluj-Napoca, Moților Str. no. 12 (CF nr. 17414, nr. topo 10955), apartment no. 3
Final judgment of 19 October 2005, Cluj Court of Appeal
Final judgment of 19 October 2005, Cluj Court of Appeal
Final judgment of 10 June 2020, Cluj Court of Appeal
8.
50246/20
29/10/2020
Georgeta-Alice TÎRPĂ 1928 Bucharest Romanian Thomas DINISCHIOTU 1940 Le Port Marly, France French, Romanian Johanna POPESCU 1942 Dusseldorf, Germany German, Romanian Raluca-Vasilica ARFIRE 1962 Bucharest Romanian Mihaela-Claudia TRPA 1959 Bucharest Romanian
Cristian Cătălin ION,
Lawyer
Immovable property located in Bucharest, District no. 4, Principatele Unite Str. no. 64, corp B, et. 1, ap. 1
Final judgment of 3 March 1998, Bucharest District no. 4 Court
Final judgment of 12 March 2020, High Court of Cassation and Justice
© European Union,
https://eur-lex.europa.eu, 1998 - 2025
