Resolution CM/ResDH(2022)207

Execution of the judgments of the European Court of Human Rights

Seven cases against Republic of Moldova

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

72164/14

COVALENCO

16/06/2020

16/09/2020

65637/10

METROPOLITAN CHURCH OF BESSARABIA AND NATIVITÉ DE LA VIERGE MARIE PARISH

01/10/2019

01/10/2019

54813/08

FABRICA DE ZAHÄ‚R DIN GHINDEÅžTI S.A.

03/12/2019

27/04/2021

03/12/2019

27/04/2021

10790/11+

GRÄ‚JDIANU AND OTHERS

07/01/2020

07/01/2020

58982/12

HEROSS LTD

19/05/2020

19/05/2020

39635/08

POJOGA

19/05/2020

29/06/2021

19/05/2020

29/06/2021

17992/09

RUSU LINTAX SRL

13/12/2016

06/04/2021

13/12/2016

06/04/2021

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 final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the quashing of final domestic judgments in breach with the principle of legal certainty and the violation of the applicants’ property rights (violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)375 );

Considering that the question of individual measures was resolved given that the damage suffered by the applicants were covered by the just satisfaction awarded by the Court or redressed at the domestic level following the reopening of the impugned domestic proceedings;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Popov (No. 2) group of cases (Application No. 19960/04) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.