THIRD SECTION
DECISION
Application no. 9230/05
Alexandru ERMACOV against Moldova
and 12 other applications
(see list appended (Annex No. 1))
The European Court of Human Rights (Third Section), sitting on 10 April 2012 as a Committee composed of:
Alvina Gyulumyan, President,
Ineta Ziemele,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 18 February 2005 and 14 April 2010,
Having deliberated, decides as follows:
THE FACTS
1. The applicants and the applicant companies, referred to in the attached tables, are Moldovan nationals or private companies registered in Moldova, except for Mr Topcii and Mr Banari, who are Ukrainian nationals, and Harland International Inc., which is a private company registered in the United States of America. They lodged their applications between 18 February 2005 and 14 April 2010. The Moldovan Government (“the Government”) are represented by their Agent, Mr V. Grosu. The Ukrainian Government were informed of their right to intervene in the applications nos. 12457/09 and 24167/10, but did not avail themselves of that right.
2. All the applicants and the applicant companies obtained final judgments in their favour. Enforcement warrants were issued. Some of these final judgments have not been enforced to date, either fully or in part, whereas others have been enforced with delay.
3. On 1 July 2011 a new law (Law No. 87) entered into force, instituting a remedy against the problem of non-enforcement of final domestic judgments and against the problem of unreasonable length of proceedings.
4. On 29 September 2011 the Court informed the applicants and the applicant companies of the new remedy, asking whether they intended to make use of it within the six-month time-limit set by Law No. 87. The applicants’ and the applicant companies’ attention was drawn to the fact that according to Article 35 § 1 of the Convention, the Court may only deal with a matter after all domestic remedies have been exhausted and that failure to observe the above rule could constitute a reason for declaring the applications inadmissible.
5. The applicants and the applicant companies did not reply to the Court’s letter of 29 September 2011. On an unspecified date Mr Banari died. His successors also failed to inform the Court whether they wished to pursue the application on Mr Banari’s behalf.
THE LAW
6. Relying on various provisions of the Convention (see Annex No. 1), the applicants and the applicant companies complained that the State had failed to ensure the enforcement of the binding and enforceable judgments in their favour.
7. The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.
8. The Court further notes that the present applicants and applicant companies did not reply to its letter dated 29 September 2011 and, in view of the content of that letter, considers that these applicants and applicant companies 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 case. In view of the above, it is appropriate to strike these applications 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.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
ANNEX No. 1
No.
Application no. and date of lodging
Date of communica-tion to the respondent Government
Applicant’s details
Final judgment
Communicated complaints
Other complaints
1.
9230/05, lodged on 18.02.2005
20.01.2009
Mr Alexandru ERMACOV, born in 1972 and living in Hânceşti
Hânceşti District Court, judgments of 4.04.2001, 5.11.2001, 6.08.2003, 29.04.2004, 16.09.2004 and on 18.10.2004
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
2.
9003/06, lodged on 15.02.2006
08.12.2008
Ms Parascovia ILAŞCU and 7 others (see Annex No. 2)
Court of Appeal of the Republic of Moldova, 3.01.2002;
Chişinău Regional Court, decisions of 14.11.2001, 9.04.2002, 16.04.2002, 21.03.2002
Articles 6 of the Convention and 1 of Protocol No.1
n/a
3.
491/07, lodged on 11.12.2006
20.01.2009
Mr Andrei NOVACOV, born in 1983 and living in Ceadîr-Lunga
Comrat District Court, 24.01.2002
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
4.
52939/07, lodged on 02.12.2007
06.05.2011
Ms Violeta GĂŞIŢOI, born in 1980 and living in Chişinău
Buiucani District Court, 4.05.2007
Articles 6 and 13 of the Convention and 1 of Protocol No.1
Article 6 of the Convention (length of proceedings)
5.
56541/07, lodged on 30.11.2007
09.12.2008
Ms Natalia PĂTRUNJEL, date of birth unknown, living in Chişinău
Chişinău Court of Appeal, 2.11.2006
Articles 6 of the Convention and 1 of Protocol No.1
n/a
6.
1832/08, lodged on 29.10.2007
06.05.2011
Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău
Buiucani District Court, 2.04.2007
Articles 6 and 13 of the Convention and 1 of Protocol No.1
Article 10 of the Convention
7.
9443/08, lodged on 30.11.2007
06.05.2011
Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău
Supreme Court of Justice, 6.06.2007
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
8.
16590/08, lodged on 07.03.2008
30.11.2009
Harland International Inc., private company registered in the United States of America
Rîşcani District Court, 24.12.2007
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
9.
17948/08, lodged on 12.03.2008
25.05.2010
Ms Elena RUSU and others
(see Annex No. 3)
Căuşeni District Court, 23.02.2006
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
10.
34217/08, lodged on 25.06.2008
06.05.2011
Asociatia DNT, private company registered in Moldova
Chişinău Economic District Court, 10.12.2004
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
11.
38689/08, lodged on 11.08.2008
06.05.2011
LAL SRL, private company registered in Moldova
Supreme Court of Justice, 9.10.2002
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
12.
12457/09, lodged on 23.02.2009
30.11.2009
Mr Leonid TOPCII, a Ukrainian national, born in 1945 and living in Starobilsk, Ukraine
Comrat District Court, 6.09.1995
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
13.
24167/10, lodged on 14.04.2010
06.05.2011
Mr Grigorii BANARI, Ukrainian national, born in 1957 and deceased on an unspecified date
Dergachev District Court (Ukraine), 2.11.2009
Articles 6 and 13 of the Convention and 1 of Protocol No.1
n/a
ANNEX No. 2
Applicant’s name
Applicant’s details
Ms Parascovia Ilaşcu
Moldovan national, born in 1961 and living in Chişinău
Ms Tatiana Răilean
Moldovan national, born in 1966 and living in Chişinău
Ms Maria Pleasunov
Moldovan national, born in 1964 and living in Chişinău
Mr Mihai Gologan
Moldovan national, born in 1966 and living in Chişinău
Ms Valentina Armaşu
Moldovan national, born in 1966 and living in Chişinău
Mr Boris Stepa
Moldovan national, born in 1958 and living in Chişinău
Mr Oleg Zengher
Moldovan national, born in 1961 and living in Chişinău
Mr Pimen Răilean
Moldovan national, born in 1965 and living in Chişinău
Ms Elena Rusu
Moldovan national, born in 1960 and living in Căuşeni
Mr Vladimir Rusu
Moldovan national, born in 1952 and living in Căuşeni
Mr Constantin Rusu
Moldovan national, born in 1982 and living in Căuşeni
Ms Natalia Paniş
Moldovan national, born in 1953 and living in Căuşeni
Mr Andrei Paniş
Moldovan national, born in 1985 and living in Căuşeni
Mr Ion Paniş
Moldovan national, born in 1987 and living in Căuşeni
ANNEX No. 3
Applicant’s name
Applicant’s details
Ms Elena Rusu
Moldovan national, born in 1960 and living in Căuşeni
Mr Vladimir Rusu
Moldovan national, born in 1952 and living in Căuşeni
Mr Constantin Rusu
Moldovan national, born in 1982 and living in Căuşeni
Ms Natalia Paniş
Moldovan national, born in 1953 and living in Căuşeni
Mr Andrei Paniş
Moldovan national, born in 1985 and living in Căuşeni
Mr Ion Paniş
Moldovan national, born in 1987 and living in Căuşeni
Full & Egal Universal Law Academy