FOURTH SECTION
DECISION
Application no. 13650/15
RAIFFEISEN BANK S.A.
against Romania
The European Court of Human Rights (Fourth Section), sitting on 15 June 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 March 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company, Raiffeisen Bank S.A., is a bank founded in 1991 with its headquarters in Bucharest. It was represented by Mr. V. Stoica, a lawyer practising in Bucharest.
The applicant company’s complaints under Article 1 of Protocol No. 1 to the Convention about the seizure of immovable assets held as guarantee for loans granted to third parties were communicated to the Romanian Government (“the Government”) on 12 July 2022.
On 26 January 2023 the Government’s statement of facts and observations on the admissibility and merits of the application had been forwarded to the applicant company who had been invited to submit its observations in reply together with its claims for just satisfaction.
In reply, by a letter of 19 April 2023, the applicant company informed the Court that it had recovered entirely at the national level the damages incurred as a result of the seizure. The applicant company did not submit its observations and its claims for just satisfaction in reply to the Court’s letter of 26 January 2023 and did not express a wish to further pursue the case.
THE LAW
The Court notes that, according to the available evidence in the file, following the steps taken at the national level, the applicant company had been compensated for the damage that forms the object of the present application and has no further claims in respect of just satisfaction.
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 regarding the applicant company’s complaint under Article 1 of Protocol No. 1 (compare Ana Ionescu and Others v. Romania, nos. 19788/03 and 18 others, §§ 15-16, 26 February 2019) 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 6 July 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President