FOURTH SECTION
DECISION
Application no. 8431/07
Mihaela-Maria TARAȘ and Others
against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 November 2024 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 December 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms Turcu, a lawyer practising in Bucharest.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning their claims to be compensated for the property they had been deprived of during the communist regime (property located in Bucharest, Vasile Lascǎr str. no. 12), were communicated to the Romanian Government (“the Government”).
On 3 December 2018 the applicants, Ms Emilia Valerica Moldovan and Ms Ileana Valentina Oanţǎ (listed respectively under 7 and 8 in the appendix) lodged proceedings against the National Commission for Property Compensation (Comisia Naţionalǎ pentru Compensarea Imobilelor‑hereinafter “the NCPC”) seeking a compensation decision for their property. On 3 October 2023 their claim was allowed by the Bucharest Court of Appeal in a final judgment; during the proceedings, the domestic courts noted that all other applicants except for the two plaintiffs had failed to sign the 13 July 2001 notification which had launched the property restitution procedure. Consequently, the courts found that only the two applicants were entitled to compensation for the lost property.
On the basis of the 2023 judgment, on 11 December 2023 the NCPC issued a compensation decision to the benefit of these two applicants. This decision was not challenged by any of the applicants, who thus may be considered as having implicitly accepted the domestic authorities’ decision as to the entitlement to compensation.
The first title to payment was issued in May 2024, the actual payment being expected within six months as of that date.
In that regard, the applicants’ representative indicated that “at this point, we consider that we can no longer claim that we have the status of victims in the proceedings before the Court”.
THE LAW
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 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 12 December 2024.
Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 1 of the Protocol No. 1 to the Convention
(property restitution case)
Application no.
Date of introduction
Applicant’s name
Year of birth
8431/07
22/12/2006
(11 applicants)
1. Mihaela-Maria TARAȘ
1941
2. Livia Elena COMSULEA
1929
3. Marta GUȚĂ
1938
4. Mihai Ioan HAMZEA
1945
5. Maria Ana LAZARESCU
1936
6. Marius MESSEL
1959
7. Emilia Valerica MOLDOVAN
1948
8. Valentina Ileana OANȚĂ
1949
9. Maria Viora POPA
1923
10. Adrian Daniel VASILOI
1963
11. Maria Teodora VASILOIU
1964