FOURTH SECTION
DECISION
Application no. 18099/03
Viorela ENĂCHESCU and Others against Romania
and 20 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 12 June 2018 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The applicants’ complaints concerning the application of the restitution laws in Romania were communicated to the Romanian Government (“the Government”), who were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
3. The applicants failed to respond to the last Registry’s letter of 14 March 2018 (see details in the appendix), requesting them to inform the Court of any relevant updated information concerning their case, as well as to indicate whether they wished to maintain their applications. Their attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. Having regard to the similar subject matter of the applications, the Court finds it appropriate to order their joinder (Rule 42 § 1 of the Rules of Court).
5. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 5 July 2018.
Andrea TamiettiVincent A. De Gaetano
Deputy RegistrarPresident
Appendix
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
Registry’s letter of
14 March 2018
18099/03
14/05/2003
Viorela ENĂCHESCU
25/06/1957
Craiova
Romanian
Gheorghe ENĂCHESCU
22/02/1928
Bucharest
Romanian
Constanța NĂSTASE
07/11/1932
Bucharest
Romanian
Elena ENĂCHESCU
05/02/1929
Craiova
Romanian
Viorela ENĂCHESCU
Received on 23 March 2018, no response
16185/04
26/03/2004
Gabriela Stela LUPAŞ
25/10/1941
Alba Iulia
Romanian
Aurel TODORAN
28/04/1949
Alba - Iulia
Romanian
Returned as unclaimed from the post on 5 April 2018
17097/04
07/04/2004
Ana Maria MAYER
Herrsching
German
Marieta ANASTASESCU
Received on 26 March 2018, no response
21355/04
22/04/2004
Kornel Marius JUCU
10/11/1914
Bucharest
Romanian
Doina Iulia Maria JUCU
02/11/1918
Bucharest
Romanian
Roxanne JAKOBY
06/11/1941
Bucharest
Romanian
Doina Iulia Maria JUCU
Returned as unclaimed from the post on 27 March 2018
22494/04
24/02/2004
Dan MANARE
28/10/1931
Ratingen
German, Romanian
Received on 20 March 2018, no response
28623/04
12/07/2004
Irina CHISER
25/08/1933
Bucharest
Romanian
Mircea GEORGESCU
14/11/1935
Bucharest
Romanian
Viorica GEORGESCU
14/07/1939
Bucharest
Romanian
Returned as unclaimed from the post on 11 April 2018
10960/05
11/03/2005
Nicoleta-Ileana COSTEA
15/02/1975
Bucharest
Romanian
Ileana COSTEA
20/05/1947
Los Angeles
Romanian
Nora Mabel COSTEA
15/04/1966
Cordoba
Mihail Ioan IGREȚ
Received on 27 March 2018, no response
14974/05
20/04/2005
Iosif Stefan VALASZKAI
23/12/1930
Solvesborg
Romanian, Swedish
Iuliana VALASZKAI
10/02/1932
Solvesborg
Romanian, Swedish
Andor Andras MIHALY
Received on 27 March 2018, no response
17634/05
09/05/2005
Victor Hubert DIEBOLD
28/03/1928
Sibiu
Romanian
Returned on 23 March 2018 as the applicant had died
28384/05
22/07/2003
Cristian Teodor ALBERT
01/08/1937
Brasov
Romanian
Mihai BREBENEL
Received on 28 March 2018, no response
29610/05
10/08/2005
Alexandrina GEORGESCU
20/09/1930
Bucharest
Romanian
Returned on 26 March 2018, address unknown (building demolished)
33746/05
15/09/2005
Anișoara PLĂTICĂ
06/06/1962
Constanța
Romanian
Cornelia MARGA
11/03/1956
Constanța
Romanian
Returned as unclaimed from the post on 3 April 2018
35408/05
23/09/2005
Virgil Petre NEMOIANU
12/03/1940
Maryland
Romanian
Ioan Gheorghe BÂRSAN
Returned as unclaimed from the post on 18 April 2018
45601/05
13/12/2005
Alexandru Ioan VOINESCU
07/01/1953
Bucharest
Romanian
Received on 26 March 2018, no response
14591/06
05/04/2006
Ingo Adrian BOTA
06/09/1974
Salzgitter
Romanian, German
Olga JIDVEIAN
Received on 23 March 2018, no response
26896/06
25/05/2006
Bela Levente TELEKY
10/12/1953
Cluj Napoca
Romanian
Sandor SZOCS
Returned as unclaimed from the post on 18 April 2018
5847/07
26/01/2007
Gabriel Augustin ILIEŞ
29/03/1936
Cluj-Napoca
Romanian
Victor Gavril ILIEȘ
31/03/1941
Cluj-Napoca
Romanian
Received on 26 March 2018, no response
15072/07
20/03/2007
Varvara Smaranda SUDITU
05/10/1943
Medgidia
Romanian
Paraschiva DRAGANOAIA
04/03/1920
Medgidia
Romanian
Anca Ioana IONESCU
01/04/1970
Medgidia
Romanian
Ovidiu GIORGESCU
Received on 2 April 2018, no response
26339/07
13/06/2007
Radu Ioan SBUCHEA
28/08/1946
Bucharest
Romanian
Matei STOENESCU
Received on 26 March 2018, no response
48557/08
06/10/2008
Cristian Aurel Dimitrie FONTA
26/10/1947
Chelsea
Romanian
Alina Roxana FONTA
14/06/1951
Montreal
Romanian
Ramona Angela POPOVICI
Returned as unclaimed from the post on 29 March 2018
51077/08
21/10/2008
Dan Stefan Octav ZAPISESCU
26/03/1945
Paris
French
Mihai ISĂILĂ
12/01/1936
Bucharest
Romanian
Lucia CHERECHEŞ
Received on 28 March 2018, no response
Full & Egal Universal Law Academy