RUSSU v. THE REPUBLIC OF MOLDOVA
Doc ref: 2697/15 • ECHR ID: 001-216648
Document date: March 2, 2022
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Published on 21 March 2022
SECOND SECTION
Application no. 2697/15 Maria RUSSU against the Republic of Moldova lodged on 20 December 2014 communicated on 2 March 2022
SUBJECT MATTER OF THE CASE
The application concerns a civil law dispute between the applicant and her brother concerning the right of ownership over half of their late parents’ house. The domestic courts upheld an allegedly time-barred action lodged by the applicant’s brother contesting a twelve years’ old contract of donation. As a result of the outcome of those proceedings, the applicant lost her title. The applicant complains that the proceedings were not fair within the meaning of Article 6 § 1 of the Convention and that, as a result, her rights under Article 1 of Protocol No. 1 were also breached.
QUESTIONS TO THE PARTIES
1. Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Grafescolo S.R.L. v. the Republic of Moldova , no. 36157/08, §§ 23-24, 22 July 2014)?
2. Has there been a breach of the applicant’s right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?
The Government are requested to submit to the Court a full copy of the domestic case-file in this case.