SOLOVEI v. THE REPUBLIC OF MOLDOVA

SECOND SECTION

DECISION

Application no. 28102/16
Alexandru SOLOVEI
against the Republic of Moldova

(see appended table)

The European Court of Human Rights (Second Section), sitting on 17 October 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 11 May 2016,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr A. Croitor, a lawyer practising in Chișinău.

The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of a domestic decision and the lack of any effective remedy in domestic law were communicated to the Moldovan Government (“the Government”).

THE LAW

The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The Government acknowledged the delayed enforcement of the domestic decision and the lack of any effective remedy in domestic law. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of the payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay that amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the 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.

By a letter of 23 November 2023, the applicant indicated that he was not satisfied with the terms of the unilateral declaration.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the non-enforcement or delayed enforcement of domestic decisions (see, for example, Cristea v. the Republic of Moldova, no. 35098/12, 12 February 2019 and Botezatu v. the Republic of Moldova, no. 17899/08, 14 April 2015).

Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied 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 (Article 37 § 1 in fine).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

The Court also has the discretion to award legal costs when it strikes out an application (Rule 43 § 4 of the Rules of Court). The general principles governing reimbursement of costs under Rule 43 § 4 are essentially the same as under Article 41 of the Convention (see, among others, Union of Jehovah’s Witnesses of Georgia v. Georgia (striking out), no. 72874/01, § 33, 21 April 2015, and Meriakri v. Moldova (striking out), no. 53487/99, § 33, 1 March 2005). In the present case, having regard to the documents in its possession, to its case-law and to the amount already proposed by the Government, the Court considers it reasonable to award the applicant an additional sum of 250 (two hundred and fifty) euros (EUR) in respect of legal costs and expenses, plus any tax that may be chargeable in this respect to the applicant. The Court finds it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention;

Holds

(a)  that the respondent State is to pay to the applicant, within three months, in addition to the sum contained in the unilateral declaration submitted by the Government, EUR 250 (two hundred and fifty euros), plus any tax that may be chargeable in this respect to the applicant, to be converted into the currency of the respondent State at the rate applicable on the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English and notified in writing on 14 November 2024.

 Viktoriya Maradudina Davor Derenčinović
 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions and lack of any effective remedy in domestic law)

[1] Plus any tax that may be chargeable to the applicant.