FOURTH SECTION
DECISION
Applications nos. 38647/05, 38648/05, 38649/05, 38650/05, 38651/05, 38652/05, 38653/05, 38654/05, 38676/05, 38677/05, 38678/05
by Nina PAVLOVSCHI and ten others
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 20 May 2008 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 applications lodged on 9 August 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the cases.
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Nina Pavlovschi and ten others, are all Moldovan nationals. They were represented before the Court by Ms V. Guţu, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.
The facts of the case, as submitted by the parties, may be summarised as follows.
All the applicants worked for a State-owned company (“the Company”) run by the Ministry of Communications and Transport. Between 1999 and 2001 the Company did not fully pay the applicants their salaries.
In 2001 the applicants initiated proceedings against the Company and sought the payment of salary arrears. They all obtained final judgments in their favour and enforcement warrants. However, the judgments have not been fully enforced to date.
On 4 December 2002 the Centru District Court ordered the transfer of a building belonging to the Company to another company owned by the State (“CFM”), in order to enforce a court order in favour of CFM. The applicants were allegedly not informed about these events. Their appeal against the decision of 4 December 2002 was rejected as unfounded.
Details regarding each applicant are presented in the Appendix.
COMPLAINTS
1. The applicants complained under Article 6 § 1 of the Convention that their right of access to court had been violated by the failure to enforce the judgments in their favour.
2. The applicants also alleged that the failure to enforce the judgments had violated their right to protection of property as guaranteed by Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 13 March 2008 the Court received the following declaration from the Government, reproducing the same text for each applicant, except for their names and amounts offered as compensation:
“I, Vladimir Grosu, Agent for the Government of Republic of Moldova, declare that the Government of Moldova offer to pay the sum of [see the Appendix for specific amounts offered to each applicant] euros to [the relevant applicant] 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 13 February 2008 the Court received the following declaration signed by the representative of each of the applicants:
“I, V. Guţu, the applicant’s representative in [each] case, note that the Government of Moldova are prepared to pay the sum of [see the Appendix for specific amounts accepted on behalf of each applicant] euros to [the relevant applicant] 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 in each case. It is satisfied that the settlements are 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 applications (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Appendix – applicants’ personal details and sums agreed on by the parties as part of their friendly settlement negotiations
Application No. and applicant’s name
Sum proposed by the Government and accepted by each applicant
1. 38647/05 Nina Pavlovschi, born in 1951 and lives in Chişinău
3,310 (three thousand three hundred and ten) euros
2. 38648/05 Svetlana Nalivaichin, born in 1964 and lives in Chişinău
3,085 (three thousand and eighty five) euros
3. 38649/05 Ala Biriucov, born in 1953 and lives in Chişinău
3,085 (three thousand and eighty five) euros
4. 38650/05 Mihail Mir, born in 1933 and lives in Chişinău
2,720 (two thousand seven hundred and twenty) euros
5. 38651/05 Axenia Osipov, born in 1956 and lives in Ialoveni
3,430 (three thousand four hundred and thirty) euros
6. 38652/05 Galina Gheorghiu, born in 1960 and lives in Chişinău
3,010 (three thousand and ten) euros
7. 38653/05 Nadejda Colţisor, born in 1951 and lives in Bahmut
2,820 (two thousand eight hundred and twenty) euros
8. 38654/05 Elena Grimiş, born in 1948 and lives in Chişinău
3,020 (three thousand and twenty) euros
9. 38676/05 Nina Perfiriev, born in 1954 and lives in Chişinău
2,890 (two thousand eight hundred and ninety) euros
10. 38677/05 Valentina Chirilescu, born in 1953 and lives in Chişinău
3,412 (three thousand four hundred and twelve) euros
11. 38678/05 Efimia Busuioc, born in 1971 and lives in Ungheni
2,655 (two thousand six hundred and fifty-five) euros
Full & Egal Universal Law Academy