FOURTH SECTION
DECISION
Application no. 49246/06
by Andrei PASTERNAC
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 17 March 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 13 November 2006,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrei Pasternac, is a Moldovan national who was born in 1974 and lives in Briceni. He was represented before the Court by Mr E. Breazu, a lawyer practising in Edineţ. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant is a carrier who successfully claimed before the domestic courts the restitution of goods which were confiscated from him by the Edineţ District Police on 22 June 1999.
On 6 April 2001, the Briceni District Court ordered the Ministry of Finance to return to the applicant 19,800 litres of ethylic alcohol, transported in 99 barrels with a capacity of 200 litres each or to reimburse their pecuniary equivalent 268,220 Moldovan lei (MDL) (18,717 euros (EUR)), as well as MDL 1,300 (EUR 91) for costs and expenses.
The Ministry of Finance lodged an appeal. On 25 June 2002, the Bălţi Court of Appeal quashed the judgment of 6 April 2001 and ordered a re-examination of the case.
On 19 December 2002, the Briceni District Court ordered the restitution of the confiscated goods or their pecuniary equivalent in the above-mentioned amount by the Edineţ District Police Office. This judgment remained unchallenged and became final.
Despite several attempts of the applicant to obtain the enforcement of the final judgment, it has not been enforced to date.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention that his right of access to court has been violated by the failure to enforce the judgment in his favour.
2. The applicant also alleged that the failure to enforce the judgment had violated his right to protection of property as guaranteed by Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 23 January 2009 the Court received the following declaration from the Government:
“I, Vladimir Grosu, Agent for the Government of Republic of Moldova, declare that the Government of Moldova offer to pay the sum of 47,881 (forty-seven thousand eight hundred and eighty-one) euros to Mr Andrei PASTERNAC 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.”
The Court also received the following declaration signed by the applicant:
“I, Eugen Breazu, the applicant’s representative in the above case, note that the Government of Moldova are prepared to pay 47,881 (forty-seven thousand eight hundred and eighty-one) euros to Mr Andrei PASTERNAC 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.
I accept the proposal and waive any further claims against Moldova in respect of the facts giving rise to this application. I 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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy