Resolution CM/ResDH(2025)394
Execution of the judgment of the European Court of Human Rights
Dickmann and Gion against Romania
(Adopted by the Committee of Ministers on 4 December 2025
at the 1545th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
10346/03
Dickmann and Gion
24/10/2017
24/01/2018
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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 1 of Protocol No. 1 to the Convention established on account of the ineffectiveness of the mechanism set up to afford restitution of or compensation for the properties nationalised under the communist regime;
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1340);
Considering that the question of individual measures was resolved, given that (i) in respect of application no. 10893/04, the applicant received the just satisfaction awarded by the Court, including the amounts awarded in respect of pecuniary damage, as restitution of the original property was not possible in this case; (ii) the claim for just satisfaction in respect of application no. 10346/03 was dismissed by the Court in the revision of the judgment of 28 August 2018, as the applicant had died before the judgment had been adopted and in the absence of any heir or close relative who has expressed a wish to pursue the application;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the cases Maria Atanasiu and Others v. Romania (No. 30767/05) and Văleanu and Others v. Romania (No. 59012/17), also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the reform of the mechanism of reparation for properties nationalised under the communist regime;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the question of individual measures has been resolved;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the reform of the mechanism of reparation for properties nationalised under the communist regime within the framework of the cases Maria Atanasiu and Others v. Romania (No. 30767/05) and Văleanu and Others v. Romania (No. 59012/17);
DECIDES to close the examination of this case.