Communicated on 3 February 2021 Published on 22 February 2021

SECOND SECTION

Application no. 11972/16 Ivan TURCEAC and Larisa CERCHEZ against the Republic of Moldova lodged on 26 February 2016

SUBJECT MATTER OF THE CASE

The application concerns the non-enforcement of a final judgment of 1997 until 2016. According to that judgment the applicants were entitled to receive three apartments from the local authorities. After the adoption of Law No. 87 of 21 April 2011 which introduced a remedy for late enforcement of final judicial decisions, the applicant initiated proceedings against the State claiming compensation for pecuniary and non ‑ pecuniary damage suffered as a result of the non-enforcement of the judgment of 1997. By a final judgment of the Supreme Court of Justice on 16 September 2015 the applicant ’ s claims were dismissed.

The applicants complain under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of the judgment of 1997 for a period of nineteen years and about the refusal of the domestic courts to compensate their pecuniary and non ‑ pecuniary damage.

QUESTION TO THE PARTIES

Was there a breach of the applicants ’ rights guaranteed by Article 6 § 1 and Article 1 of Protocol No. 1 as a result of the late enforcement of the judgment of 1997 (see Prodan v. Moldova , no. 49806/99, ECHR 2004 ‑ III (extracts)?