Resolution CM/ResDH(2020)245
Execution of the judgments of the European Court of Human Rights
Yordanova and others against Bulgaria
(Adopted by the Committee of Ministers on 3 December 2020
at the 1390th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
61432/11+
YORDANOVA AND OTHERS
19/07/2018
11/07/2019
19/07/2018
11/07/2019
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 final judgments transmitted by the Court to the Committee in this case and to the violation established concerning the authorities’ refusal to provide compensation in the form of shares in a specific company for property nationalised during the communist period, despite judicial decisions in the applicants’ favour, as well as their failure to propose another appropriate solution (violation of Article 1 of Protocol No. 1);
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 report provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)436);
Having noted that the general measures about the failure of administrative authorities to comply with final domestic judgments obliging them to deliver a non-substitutable action continue to be examined in the Stoyanov and Tabakov group;
Having also noted that the question about the existence of domestic avenues for determining the manner in which a domestic judgment in a private person’s favour should be executed by the administration, in situations in which the initially due assets are no longer available, is entirely taken up in the Sivova and Koleva group (more specifically, in the Nedelcheva and Others case);
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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