CASE OF S.C. POLYINVEST S.R.L. AND OTHERS AGAINST ROMANIA AND 5 OTHER CASES

Avrupa İnsan Hakları Mahkemesi

Karar Metni

Interim Resolution CM/ResDH(2020)182

Execution of the judgments of the European Court of Human Rights

S.C. Polyinvest S.R.L. and others v. Romania (Application No. 20752/07) and similar cases

(Adopted by the Committee of Ministers on 3 September 2020
at the 1377bis meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

20752/07+

S.C. POLYINVEST S.R.L. AND OTHERS (Applications concerning S.C. POLYINVEST S.R.L. (No. 20752/07) and OMEGATECH ENTERPRISES LTD. (No. 24612/07))

29/03/2018

19001/05

RJ IMPORT ROGER JAEGER A.G. AND RJ IMPORT BUCURESTI S.A.

03/11/2011

32168/05

IGNĂTESCU AND OTHERS (Application concerning BOD AND OTHERS (No. 30403/06))

17/03/2015

8675/06

PĂŞCOI AND OTHERS (Application concerning PODARU AND OTHERS (No. 41786/14))

07/01/2016

24693/07

ZLATIN AND OTHERS (Applications concerning ZLATIN (No. 24693/07), TOMIUC (No. 34883/10) and IORDAN (No. 47967/13))

29/03/2018

35723/03

BEŞLEAGĂ AND VANKAY (Application concerning BEŞLEAGĂ (No. 35723/03))

21/02/2019

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 of the Court finding violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1, due to the non-enforcement of court decisions or arbitral awards ordering State-controlled companies to pay various amounts to the applicant parties;

Recalling that in accordance with the Court’s well-established case-law and its findings and indications in these judgments, Romania is required to pay, from State funds, all the sums granted in the court decisions or arbitral awards not yet paid to the applicants, with default interest up to the date of the payment, whether as specified in the decisions or awards or, failing such specification, with the statutory interest due under domestic law;

Expressing grave concern that, despite its urgent and repeated calls, the authorities have not yet made the required payments, notwithstanding the indications and time-limits set by the Court in the operative provisions of five of these judgments and the considerable time elapsed since the Court delivered the judgment in RJ Import Roger Jaeger A.G. and RJ Import Bucureşti S.A.;

Taking note of the information presented on the recent steps to amend national legislation to effect the required payments;

Firmly insisting once again on Romania’s unconditional obligation, under the terms of Article 46, paragraph 1, of the Convention, to abide by the Court’s judgments fully, effectively and promptly, and taking note of the authorities’ firm commitment and recent efforts to pay the sums owed to these applicants under the relevant court decisions or arbitral awards, in accordance with the Court’s judgments, as specified above;

EXHORTS the authorities decisively to act on this commitment and urgently make the required payments;

DECIDES to resume consideration of the individual measures in these applications at its 1390th meeting (1-3 December 2020) (DH).

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