Information Note on the Court’s case-law No. 1
November-December 1998
Curuţiu v. Romania (dec.) - 29769/96
Decision 8.12.1998
Article 6
Civil proceedings
Article 6-1
Access to court
Lack of jurisdiction of the courts to deal with cases concerning the restitution of property unlawfully nationalised: admissible
Article 1 of Protocol No. 1
Article 1 para. 1 of Protocol No. 1
Deprivation of property
Non-restitution of property unlawfully nationalised and failure to pay compensation: admissible
Restitution to the applicants, ordered by the court of first instance, of their father’s house, unlawfully nationalised in 1950. Application by the Principal State Prosecutor to have this decision set aside on the grounds that the ordinary courts were not competent to rule on the lawfulness of the nationalisation of immovable property or to order its restitution. Application granted by the Supreme Court.
Admissible under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1: the case is comparable in this regard to the Brumarescu case (no. 28342/95).
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This summary by the Registry does not bind the Court.
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