SECOND SECTION
DECISION
Application no. 42403/14
Valentina HAMURARI
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 11 July 2024 as a Committee composed of:
Davor Derenčinović, President,
Diana Sârcu,
Gediminas Sagatys, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 June 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Valentina Hamurari, was born in 1954. She was represented by Mr V. Bailo, a lawyer practising in Chișinău.
The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning her partial divestment of retirement pension rights by failing to consider her contributions to the pensions fund for the period from 1984 to 1993, were communicated to the Moldovan Government (“the Government”).
Subsequently, at the request of the Government, domestic proceedings were reopened and on 16 March 2023 the Chișinău Court of Appeal found a violation of Article 1 of Protocol No. 1 to the Convention in respect of the applicant, awarded her 2,000 euros (EUR) in compensation for non‑pecuniary damage and ordered a rehearing on the merits of her case. On 12 July 2023 that amount was paid to the applicant’s account with the State treasury. On 19 July 2023, having re-heard the case, the Chișinău Court of Appeal adopted a new judgment on the merits granting the applicant’s claims in full and, in particular, ordered the Social Security authority to recalculate her pension rights so as to include her contributions for the period from 1984 to 1993. That judgment was upheld by the Supreme Court of Justice on 21 February 2024.
In the light of these developments, on 4 March 2024 the Government requested the Court to strike out the applicant’s case under Article 37 § 1 (b) of the Convention. The applicant did not reply to the Court’s letter inviting her to comment on the Government’s request.
THE LAW
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 5 September 2024.
Viktoriya Maradudina Davor Derenčinović
Acting Deputy Registrar President