Resolution CM/ResDH(2024)228
Execution of the judgments of the European Court of Human Rights
Three cases against Romania
(Adopted by the Committee of Ministers on 9 October 2024
at the 1509th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
21768/12
PETRO CARBO CHEM S.E.
30/06/2020
30/09/2020
44652/18
PONTA
14/06/2022
14/09/2022
60183/17
PRICOPE
30/05/2023
30/08/2023
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 of Article 10 of the Convention established on account of unjustified interferences with the applicants’ right to freedom of expression, as a result of the domestic courts’ decisions holding them liable in tort for defamation;
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 reports provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction, where awarded by the Court (see documents DH-DD(2024)587, DH-DD(2024)588 and DH-DD(2024)898);
Considering that the question of individual measures was resolved, given that the just satisfaction awarded in Ponta and Pricope was duly paid, effectively erasing all the negative consequences for the applicants of the violations established, and that the applicant company in Petro Carbo Chem S.E. did not avail itself of the possibility, provided by national law, to request the reopening of the domestic proceedings;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Ghiulfer Predescu (No. 29751/09) group of cases, also in the light of the Court’s findings in these cases, 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;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning unjustified interferences with the right to freedom of expression in the Ghiulfer Predescu (No. 29751/09) group of cases;
DECIDES to close the examination of these cases.