Resolution CM/ResDH(2012)213[1]
Postolache No. 2 and SC Marolux SRL and Jacobs against Romania
Execution of the judgments of the European Court of Human Rights
(Applications Nos. 48269/08 and 29419/02, judgments of 6 July 2010 and 21 February 2008, final on 22 November 2010 and 1 December 2008)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the lack of access to a court due to excessive court fees (violations 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 judgments;
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, within the time-limit set, the respondent State paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the 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
- 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 these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2012)213
Information on the measures taken to comply with the judgments in the cases of Postolache No. 2 and SC Marolux SRL and Jacobs against Romania
Introductory case summary
These cases concern the lack of access to a court in 2002 and 2004, due to excessive court fees (violations of Article 6, paragraph 1).
I.Payments of just satisfaction and individual measures
a)Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Postolache No. 2 (48269/08)
-
4 000 EUR
-
4 000 EUR
Paid on 21/01/2011
SC Marolux SRL and Jacobs (29419/02)
-
10 000 EUR
1 915,14 EUR
11 915,14 EUR
Paid on 20/02/2009
b)Individual measures
Article 322§9 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 of the Convention.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ResDH(2011)24 adopted in the case of Iorga against Romania (judgment of 25/01/2007).
III.Conclusions of the respondent State
The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general 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 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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