Resolution CM/ResDH(2019)83
Execution of the judgment of the European Court of Human Rights
Yurukova and Samundzhi against Bulgaria
(Adopted by the Committee of Ministers on 24 April 2019 at the 1344th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
19162/03
YURUKOVA AND SAMUNDZHI
02/07/2009
02/10/2009
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 final judgment transmitted by the Court to the Committee in this case concerning the deprivation of property suffered by the applicant following the application of the legislation on the restitution of property arbitrarily expropriated during the communist, without providing for adequate compensation for the subsequent owners (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(2018)822);
Having noted that, in the proceedings before the Court, the applicant did not submit any claim for just satisfaction in respect of the pecuniary damage suffered as a result of the loss of her apartment and that, furthermore, she did not complain to the Committee or before the Bulgarian authorities about the results of the proceedings she undertook before the domestic courts after the judgment of the Court;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
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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