FOURTH SECTION
CASE OF ANA IONESCU AND OTHERS v. ROMANIA
(Applications nos. 19788/03 and 18 others)
JUDGMENT
(Revision[1])
Art 41 • Just satisfaction • Revision • Awards made to deceased applicant to be paid to his heir
STRASBOURG
3 March 2020
FINAL
03/07/2020
This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Ana Ionescu and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
Ganna Yudkivska, President,
Paulo Pinto de Albuquerque,
Krzysztof Wojtyczek,
Carlo Ranzoni,
Georges Ravarani,
Marko Bošnjak,
Péter Paczolay, judges,
and Andrea Tamietti, Section Registrar,
Having deliberated in private on 11 February 2020,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in nineteen applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), mostly by Romanian nationals on the various dates indicated in the appended table.
2. In a judgment delivered on 26 February 2019, the Court held that there had been a violation of Article 1 of Protocol No. 1 to the Convention on account of the applicants’ inability to recover possession of their properties despite final court decisions retroactively acknowledging their property rights. The Court also decided to award the applicants in application no. 36384/03 (Albu and Others v. Romania – see point 4 of the appended table), 43,200 euros (EUR) in respect of pecuniary damage and EUR 5,000 in respect of non-pecuniary damage and for costs and expenses, and dismissed the remainder of their claims for just satisfaction.
3. On 30 September 2019 the Government informed the Court that on 21 August 2019 they had learned that Mr Petru Nicolae Albu had died on 1 November 2018. They accordingly requested revision of the judgment in accordance with Rule 80 of the Rules of Court.
4. On 22 October 2019 the Court considered the request for revision and decided to give the applicants three weeks in which to submit any observations. Observations were received from Mr Albu’s heir, Ms Emma Albu, on 21 November 2019.
THE LAWREQUEST FOR REVISION
5. The Government requested revision of the judgment of 26 February 2019, which they had been unable to execute because Mr Petru Nicolae Albu had died before the judgment had been adopted.
6. On 21 November 2019 Mrs Emma Albu submitted a certificate attesting to her status as the deceased applicant’s heir and a statement in which she expressed her wish to continue the proceedings in his stead. She asked to be granted the just satisfaction awarded by the Court in respect of her late husband, Mr Petru Nicolae Albu.
7. The Court notes from the documents submitted to it that Mrs Emma Albu was the wife of the deceased applicant, Petru Nicolae Albu, and that she is his only heir.
8. In the light of the foregoing, the Court considers that Mrs Emma Albu has standing to pursue the application in her deceased husband’s stead. It observes that she has expressed her intention to do so and requested that the judgment be revised.
9. The Court considers that the judgment of 26 February 2019, as rectified on 13 June 2019, should be revised (see, for example, Wypukoł‑Piętka v. Poland (revision), no. 3441/02, 8 June 2010, Dzhabrailovy v. Russia (revision), no. 68860/10 and 4 others, 4 February 2016, and Cangöz and Others v. Turkey (revision), no. 7469/06, 19 September 2017), pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:
“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment.
...”
10. The Court accordingly decides to award jointly the heir (Mrs Emma Albu) and the remaining applicants (Mrs Daniela Şandru, Mr Traian Petru Mihăilă and Mrs Ileana Viorica Oancea – see point 4 of the appended table) the amount it previously awarded to the applicants in application no. 36384/03, namely EUR 43,200 in respect of pecuniary damage and EUR 5,000 in respect of non-pecuniary damage and for costs and expenses (see paragraph 2 above).
11. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to revise its judgment of 26 February 2019 insofar as it concerns the claims made under Article 41 of the Convention by the late applicant Mr Petru Nicolae Albu,
and accordingly,Holds
(a) that the respondent State is to pay jointly Mrs Emma Albu and the remaining applicants in application no. 36384/03 (Mrs Daniela Şandru, Mr Traian Petru Mihăilă and Mrs Ileana Viorica Oancea), within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the amounts indicated in the appended table under point 4 in respect of pecuniary damage, non-pecuniary damage and costs and expenses, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points.
Done in English, and notified in writing on 3 March 2020, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Andrea Tamietti Ganna Yudkivska
RegistrarPresident
Appendix
List of 19 applications
No.
Application no. and
date of introduction
Applicant’s
name
nationality
date of birth
place of residence
Represented by
Identification of property
Domestic decision acknowledging the
applicants’ title to property
Domestic decision confirming the validity of the third parties’ title to property
Amounts awarded
A) pecuniary and
non-pecuniary damage
B) costs and expenses
in euros (EUR)
19788/03
23/05/2003
Ana IONESCU
Romanian
b: 27/10/1917
d: 28/11/2012
pursued by heir
Adrian IANCU
German and Italian
14/02/1954
Rome
Cesare Massimo BIANCA
Apartment no. 9 and the non-returned portion of the land of 1,183 sq m located at 16, Unirii Street, Arad
Final judgment of
10 September 2001 of the Timișoara Court of Appeal
Final judgment of
10 September 2001 of the Timișoara Court of Appeal
Final judgment of
21 November 2002 of the Timișoara Court of Appeal (apartment no. 9)
207,500
(202,500+5,000)
2,700
29240/03
28/08/2003
Rodica TĂNASE
Romanian
20/03/1947
Deva
112.20 sq m of the ground floor of a building located at 6, Iuliu Maniu Street (Libertății Street), Deva
Final judgment of
18 March 2003 of the Timișoara Court of Appeal
Final judgment of
18 March 2003 of the Timișoara Court of Appeal
61,900
(56,900 + 5,000)
_
29286/03
08/08/2003
Sandu BART
Romanian
26/04/1930
Iași
proceeding in his own name and in his capacity as heir of applicant Ana Bart
Ana BART
Romanian
b: 06/10/1906
d: 18/10/2004
House and land of 1,050 sq m located at 39, Calea Națională, Ripiceni
Final judgment of 9 July 2002 of the Suceava Court of Appeal
Final judgment of 9 July 2002 of the Suceava Court of Appeal
13, 570
(8,570+5,000)
_
36384/03
06/08/2003
Petru Nicolae ALBU
Romanian
b:15/10/1939
d: 01/11/2018
Pursued by heir
Emma ALBU
9/01/1955
Sibiu
Mariana Silvia ALBU
Romanian
b: 15/10/1939
d: 03/02/2006
pursued by heir
Daniela ȘANDRU
US national
19/07/1960
Miami
Traian Petru MIHĂILĂ
Romanian
02/10/1940
Deva
proceeding in his own name and in his capacity as heir of the deceased applicant
Sanda Zoe Mihăilă
Ileana Viorica OANCEA
Romanian
20/03/1934
Bucharest
proceeding in her own name and in her capacity as heir of the deceased applicant Sanda Zoe Mihăilă
Sanda Zoe MIHĂILĂ
Romanian
b: 12/04/1937
d: 08/01/2004
Apartment no. 3 located at 3, Oituz Street, Sibiu
Final judgment of
3 February 1999 of the Alba Iulia Court of Appeal
Final judgment of
11 October 2002 of the Alba Iulia Court of Appeal
48,200
(43,200 + 5,000)
_
37487/03
03/10/2003
Nicolae VENIAMIN
French, Romanian
08/04/1946
Boulogne
Lascăr VENIAMIN
French, Romanian
08/04/1946
Paris
Adrian VASILIU
Buildings and land of 2,337.4 sq m located at 10, Oituz Street (formerly 6, Oituz Street), Bacău
Final judgment of
10 April 2003 the Supreme Court of Justice
Final judgment of
10 April 2003 the Supreme Court of Justice
574,521
(569,521+5,000)
_
1195/04
26/11/2003
Marta BERLING
Romanian
19/07/1935
Cluj
Mikolt Krisztina KAPCZA
Apartment no. 12-13 (774/2/S/XII, 774/2/S/XIII) located at 34, Republicii Street, Turda
Final judgment of
11 March 1998 of the Turda Court
Final judgment of
3 June 2003 of the Brașov Court of Appeal
77,000
(72,000 + 5,000)
3,300
2676/04
24/11/2003
Ștefan NUŢĂ
Romanian
28/05/1946
Palaja
Nicoleta Tatiana POPESCU
Apartment no. 37, 63 sq m, bl. D/3, located at 18, Târgu Neamț Street, Bucharest, Sector 6
Final judgment of
16 September 1994 of the Court of Bucharest – Sector 6
Final judgment of
2 June 2003 of the Bucharest Court of Appeal
74,300
(69,300 + 5,000)
299.43
7174/04
02/12/2003
Silvia ALEVRA
French
18/09/1940
Paris
Eugenia ALEVRA
Romanian
26/09/1959
Bucharest
Ioana ALEVRA
Romanian
01/03/1982
Bucharest
Constantin ALEVRA
French
b:18/01/1926
d: 28/12/2004
pursued by heir
George Aurel ALEVRA
Romanian
25/01/1957
Torrance
House 232 sq m and land of 1,400 sq m located at 208, Nicolae Bălcescu Street (202, Nicolae Bălcescu Street / 178, Calea Domnească), Târgoviște
Final judgment of
14 November 2001 of the Supreme Court of Justice
Final judgment of 10 June 2003 of the Ploiești Court of Appeal
257,000
(252,000 + 5,000)
1,800
8647/04
13/01/2004
Irinel Maria BĂJENARU
Romanian
04/03/1976
Oradea
Gabriela RUSU
Romanian
14/11/1948
Oradea
Ioana POENARU
Romanian
04/03/1976
Bucharest
Gabriela RUSU
Building and land of 1,726 sq m located at 10, Vânatori Street, Borsec;
2 annexes to a building and land of 737 sq m, located at 210, Calea Domnească, Galați
Final judgment of
15 October 2003 the Galați Court of Appeal
Decision of 15 July 2005 of the Mayor of Galați
Final judgment of
15 October 2003 the Galați Court of Appeal
111,970
(106,970 +5,000)
2,275
20106/04
29/03/2004
Maria-Magdalena SURU
Romanian
30/09/1931
Bucharest
Georgeta ANDREI TSAKIRI
House with appurtenant land located at 15, Iacob Negruzzi Street, Bucharest, Sector 1
Final judgment of
1 October 2003 of the Bucharest Court of Appeal
Final judgment of
1 October 2003 of the Bucharest Court of Appeal
_
_
21121/04
17/03/2004
Roxana Issabela Lya GHIAȚĂ
Romanian
09/01/1936
Madrid
Mirela CHELARU
Apartment with appurtenant land, 2nd floor, 141 sq m, located at 22, Atena Street (formerly Aleea Zoe), Bucharest, Sector 1
Final judgment of 6 May 1999 of the Bucharest Tribunal
Final judgment of
21 October 2003 of the Bucharest Court of Appeal
126,500
(121,500+5,000)
_
33435/04
13/12/2003
Mihai Sorin RĂDULESCU
Romanian
04/01/1946
Bucharest
Radu Florin RĂDULESCU
Romanian
10/09/1947
Bucharest
Mihai Sorin RĂDULESCU
Immovable property located at 61, Dr. Lister Street, Bucharest (apartments nos. 1 and 3, with appurtenant garage and land of 226.55 sq m)
Final judgment of
13 March 2001 of the Bucharest Court of Appeal
Final judgment of
16 December 2003 of the Supreme Court of Justice
653,773
(648,773+5,000)
_
13354/05
23/03/2005
Eva Margaresta CURTICEAN
Romanian
b:11/04/1936
d:30/11/2006
pursued by heir
Sonia CURTICEAN
Romanian
27/03/1958
Arad
Apartment no. 4 (134 sq m) and apartment no. 5 (84 sq m), located at 5A, Filimon Sârbu Street (6, Catedralei Street), Arad
Final judgment of 8 October 1998 of the Arad Court
Final judgment of
1 October 2004 of the Timișoara Court of Appeal (apartment no. 5 – formerly no. 6)
Final judgment of
25 January 2005 of the Timișoara Court of Appeal (apartment no. 4)
161,749
(156,749 + 5,000)
_
15652/05
21/04/2005
Doina Eugenia VARNA
Romanian
22/06/1927
Cluj-Napoca
Diana Alexandra ANDRAȘONI
Apartment no. 13b located at 4, Horea Street, Cluj- Napoca
Final judgment of
29 October 2004 of the Cluj Court of Appeal
Final judgment of
29 October 2004 of the Cluj Court of Appeal
39,000
(34,000 + 5,000)
2,175
6947/07
20/12/2006
Jenica GURAN
Romanian
b: 01/02/1926
d: 10/09/2010
pursued by heirs:
1) Dumitru Dan GURAN
Romanian
04/10/1956
Bucharest
2) Cristian Mihail GURAN
Romanian
08/11/1951
Bucharest
Aurelia IONESCU
Romanian
23/07/1933
Bucharest
Dumitru Dan GURAN
Apartments nos. 4 and 5 located at 224, Șerban Vodă Street, Bucharest, Sector 4
Final judgment of 5 July 2006 of the Bucharest Court of Appeal
Final judgment of 5 July 2006 of the Bucharest Court of Appeal
90,000
(85,000 + 5,000)
_
12838/07
21/02/2007
Michael EHRMANN
German
15/11/1963
Töging am Inn
Iohann ERHMANN
German
22/01/1962
Töging am Inn
Cezariana Ileana BOGOS
House and land of 824 sq m located at 126, Victoriei Street, Valea Lungă (CF 777/b Valea Lungă, nr. topo. 272, 273)
Judgment of 3 October 2006 of the Alba Iulia Court of Appeal acknowledging right to compensation
Final judgment of
October 2006 of the Alba Iulia Court of Appeal
_
_
35547/07
14/08/2007
Nicolae SIMIZEANU
Romanian
b: 11/07/1940
d: 26/04/2008
pursued by heirs
1) Simona Maria CIOBANU
Romanian
25/04/1968
Techirghiol
2) Nina Vivance Gabriela SIMIZEANU
Romanian
b: 17/08/1946
d: 02/06/2016
3) Radu Marius SIMIZEANU
Romanian
28/10/1969
Techirghiol
Apartment and annex located at 83, Ion Lahovari Street, Constanța
Final judgment of
26 February 2007 of the High Court of Cassation and Justice
Final judgment of
26 February 2007 of the High Court of Cassation and Justice
83,000
(78,000 + 5,000)
2,150
45689/07
17/07/2007
Șerban Vlad BĂRCĂNESCU
Romanian
06/07/1949
Bucharest
Apartment no. 2 located at 83, Tunari Street, Bucharest, Sector 2
Final judgment of
13 May 1998 of the Court of Bucharest - Sector 2
Final judgment of
5 March 2007 of the Bucharest Court of Appeal
50,000
(45,000 + 5,000)
1,950
50994/08
20/10/2008
Marin MOISE
Romanian
22/11/1951
Bucharest
Apartment no. 15 located at 5, Lutherană Street, Bucharest, Sector 1
Final judgment of
26 May 2008 of the Bucharest Court of Appeal
Final judgment of
26 May 2008 of the Bucharest Court of Appeal
85,000
(80,000 + 5,000)
_
[1]. Revision of the judgment of 26 February 2019
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