FOURTH SECTION
DECISION
Application no. 46157/07
by EPARHIA MOLDOVEI DE EST A BISERICII ORTODOXE DIN UCRAINA and Others
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 7 December 2010 as a Chamber composed of:
Nicolas Bratza, President,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Ledi Bianku,
Mihai Poalelungi,
Vincent A. de Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 8 October 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The first applicant is Eparhia Moldovei de Est a Bisericii Ortodoxe din Ucraina, an autonomous Orthodox Church having canonical jurisdiction in the territory of the Republic of Moldova. The other applicants are Moldovan nationals who are members and clerics of the first applicant. They are: Teodor Pancu, Feodosie Cerchez, Mihail Istrati, Constantin Marchevici, Iurie Caraus, Mihail Gangan, Gheorghe Tarasautan, Marcel Vilcu, Viorel Pruteanu and Sergiu Morari. The applicants are represented before the Court by Mr Constantin Tanase, a lawyer practising in Chişinău.
The facts of the case, as submitted by the applicants, may be summarised as follows.
The applicant church is attached to the patriarchate of Kiev, Ukraine. On 25 April 2006 it applied to the Government of Moldova for recognition. Since the Government refused recognition, on an unspecified date, the applicant church initiated proceedings. The proceedings ended with a final judgment of the Supreme Court of Justice of 21 February 2007 ordering the Government to register the applicant church.
The judgment of 21 February 2007 was enforced on 8 October 2009.
COMPLAINT
The applicants complained under Articles 6, 9, 11 and 13 of the Convention about the authorities’ failure to comply with the final judgment of 21 February 2007 within a reasonable time.
THE LAW
On 5 November 2010 the Court received the following declaration from the Government:
“I, Vladimir Grosu, Agent for the Government of Republic of Moldova accepts that there has been a breach of Articles 6, 9, 11 and 13 of the Convention and offer to pay the sum of 6,000 (six thousand) euros to Eparhia Moldovei de Est a Bisericii Ortodoxe din Ucraina, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Moldovan lei at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
On 20 October 2010 the Court received the following declaration signed by the applicants:
“I, Constantin Tanase, note that the Government of Moldova accepts that there has been a breach of Articles 6, 9, 11 and 13 of the Convention in the present case and are prepared to pay to Eparhia Moldovei de Est a Bisericii Ortodoxe din Ucraina 6,000 (six thousand) euros with a view to securing a friendly settlement of case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. The sum in euros will be converted into Moldovan lei at the rate applicable on the date of payment. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted my clients, I would inform you that they accept the proposal and waive any further claims against Moldova in respect of the facts giving rise to this application. They declare that this constitutes a final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy