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 1443rd 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 ZAHĂR DIN GHINDEŞTI S.A.
03/12/2019
27/04/2021
03/12/2019
27/04/2021
10790/11+
GRĂJDIANU 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.