Published on 21 June 2021
FOURTH SECTION
Application no. 30295/19
SOCIETATEA MUZEULUI ARDELEAN against Romania
and 7 other applications
(see list appended)
communicated on 31 May 2021
SUBJECT MATTER OF THE CASE
The applications concern the inability of the applicants to recover possession of their properties which had been unlawfully nationalised under the former communist regime and had been sold by the State to third parties. The applicants rely mainly on Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
In respect of all applications
1. Insofar as the applicants are unable to enjoy, peacefully, their possessions by reason of the State’s sale of the said possessions to third parties, has there been an interference with the applicants’ rights within the meaning of Article 1 of Protocol No. 1 of the Convention (see for instance Dickmann and Gion v. Romania, nos. 10346/03 and 10893/04, §§ 90-105, 24 October 2017)?
2. If the answer is in the affirmative, has this interference been in accordance with the conditions set out in Article 1 of Protocol No. 1?
In respect of applications nos. 41260/19 and 50246/20
3. Is the applicants’ inability to enforce the final judgments given in their favour compatible with their right of access to court, as guaranteed by Article 6 § 1 of the Convention (see for instance Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania, nos. 2699/03 and 43597/07, §§ 55-74, 7 January 2014)?
APPENDIX
Applications raising complaints under Article 1 of Protocol No. 1 to the Convention
(inability to obtain restitution of nationalised properties or to secure compensation on account of the State
having sold that property to third parties)
No.
Application no.
Date of introduction
Applicant
Year of Birth/Foundation
Place of Residence
Nationality
Representative name
Identification of Property
Domestic decision acknowledging the applicant’s title to property
Domestic decision confirming the validity of the third parties’ title to property
1.
30295/19
21/05/2019
SOCIETATEA MUZEULUI ARDELEAN
1990
Cluj-Napoca
Vilmos KESZEG
Immovable property located in Cluj-Napoca, Piața Unirii no. 11 (CF nr. 1004, nr. topo 380), Apartments nos. 2, 3, 4, 5, 7, 10 and 12
Government Emergency Ordinance no. 13/1998 on the restitution of immovable property previously owned by the communities of citizens belonging to national minorities in Romania
Final judgment of 22 November 2018, Cluj Court of Appeal
2.
38930/19
12/07/2019
Irina MANIU
1971
Bucharest
Romanian
Ligia MANIU
1939
Bucharest
Romanian
Mihail COMĂNESCU, Lawyer
Immovable property located in Bucharest, District no. 2, Dumbrava Roșie Str. no. 2, ap. 3
Final judgment of 2 May 1995, Bucharest Court of the Second District
Final judgment of 1 March 2019, Bucharest Court of Appeal
3.
41260/19
25/07/2019
Anne-Marie HONET SANDA
1938
Germering, Germany
German, Romanian
Manuela BRILLAT,
Lawyer
Immovable property located in Bucharest, District no. 4, Calea Șerban Vodă no. 76-78, ap. 3
Final judgment of 7 February 2006, High Court of Cassation and Justice
Final judgment of 1 February 2019, Bucharest Court of Appeal
4.
24056/20
15/02/2010
Dana Margareta Valeria POP
1947
Genève, Switzerland
Romanian, Swiss
Mirela STEGĂROIU, Lawyer
Immovable property located in Sibiu, Piața Mare no. 15 (CF nr. 1097 Sibiu, nr. topo 326/1)
Final judgment of 22 May 2003, Sibiu County Court
Final judgment of 16 December 2010, Sibiu County Court
Final judgment of 16 December 2010, Sibiu County Court
5.
26244/20
18/06/2018
Mihail-Dimitrie GHIMPA
1955
Bucharest
Romanian
Alisa GHIMPA
1925
Bucharest
Romanian
Immovable property located in Bucharest, District no. 2, Alexandru Donici Str. no. 35, Ground floor apartment no. 2
Final judgment of 4 May 2005, Bucharest Court of Appeal
Final judgment of 12 December 2007, Bucharest Court of Appeal
6.
33995/20
13/06/2013
Mircea Dan Ioan ARMAŞU
1959
Craiova
Romanian
Pursued by heir:
Liliana Gabriela BURTAN
(second applicant)
Liliana Gabriela BURTAN
1963
Craiova
Romanian
Laura-Alexandra BURTAN
1992
Craiova
Romanian
Șerban Niculae LOVIN,
Lawyer
Immovable property located in Bucharest, District no. 1, Polonă Str. no. 12, Apartments nos. 1, 2 5 and 8
Final judgment of 18 November 2010, Bucharest County Court
Final judgment of 14 February 2013, High Court of Cassation and Justice
7.
49861/20
30/10/2020
Toma Leonida DRAGOMIR
1945
Timișoara
Romanian
Erszebet AMBRUS-GORGYIK, Lawyer
Immovable property located in Cluj-Napoca, Moților Str. no. 12 (CF nr. 17414, nr. topo 10955), apartment no. 3
Final judgment of 19 October 2005, Cluj Court of Appeal
Final judgment of 19 October 2005, Cluj Court of Appeal
Final judgment of 10 June 2020, Cluj Court of Appeal
8.
50246/20
29/10/2020
Georgeta-Alice TÎRPĂ
1928
Bucharest
Romanian
Thomas DINISCHIOTU
1940
Le Port Marly, France
French, Romanian
Johanna POPESCU
1942
Dusseldorf, Germany
German, Romanian
Raluca-Vasilica ARFIRE
1962
Bucharest
Romanian
Mihaela-Claudia TÂRPA
1959
Bucharest
Romanian
Cristian Cătălin ION,
Lawyer
Immovable property located in Bucharest, District no. 4, Principatele Unite Str. no. 64, corp B, et. 1, ap. 1
Final judgment of 3 March 1998, Bucharest District no. 4 Court
Final judgment of 12 March 2020, High Court of Cassation and Justice
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