Resolution CM/ResDH(2011)85[1]
Execution of the judgment of the European Court of Human Rights
Vrioni and others against Albania
(Application No. 2141/03, judgment of 24 March 2009, final on 6 July 2009)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the quashing of a final judgment which recognised the applicants’ property rights, in supervisory review proceedings (violations of Article 6 §1 and of Article 1 of Protocol No. 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 judgment;
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 judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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
- of 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 this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)85
Information about the measures to comply with the judgment in the case of
Vrioni and others against Albania
Introductory case summary
This case concerns the violation of the principle of legal certainty and of the right of the applicants to the peaceful enjoyment of their possessions in that a final judgment of 1998, which recognised their property rights, was quashed in 2000 in supervisory review proceedings pursuant to Article 473 of the Code of Civil Procedure (violations of Article 6§1 and Article 1 of Protocol No.1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary and non-pecuniary damage
Costs and expenses
Total
450 000 EUR
-
450 000 EUR
Paid on 1/05/2009
b) Individual measures
The European Court considered that restitutio in integrum was impossible, as the property is occupied by a bona fide third party (see § 83 of the judgment); it therefore awarded the applicants just satisfaction in respect of pecuniary and non-pecuniary damages suffered. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The supervisory review procedure pursuant to Article 473 of the Code of Civil Procedure, which determined the violation found by the Court, was repealed by Law No. 8812 of 17/05/2001 (see §37 of the judgment).
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 Albania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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