Resolution CM/ResDH(2010)21[1]
Execution of the judgment of the European Court of Human Rights
Cornelia Eufrosina Radu against Romania
(Application No. 65402/01, judgment of 12 July 2007, final on 12 October 2007)
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 judgment, transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the lack of access to a court in order to claim the restitution of a nationalised building (violation of Article 6, paragraph 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)21
Information about the measures to comply with the judgment in the case of
Cornelia Eufrosina Radu against Romania
Introductory case summary
This case concerns a violation of the applicant’s right of access to a court in that the Bucharest Court of Appeal concluded in 1999 that it was not competent to deal with her claim for restitution of property that belonged to her but which had been nationalised in 1950 (violation of Article 6, paragraph 1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
7,000 EUR
500 EUR
7,500 EUR
Paid on 17/01/2008
b) Individual measures
Article 322, paragraph 2, of the Romanian Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court has found a violation. In addition, the European Court awarded the applicant just satisfaction in respect of non-pecuniary damage. In these circumstances no individual measure is required.
II.General measures
This case presents similarities to that of Canciovici and others against Romania (Resolution CM/ResDH(2008)79), in which the Romanian authorities indicated that changes made to the legislation and case-law recognised the right of access to a court for former owners of nationalised property.
III.Conclusions of the respondent state
The government considers that the measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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