THIRD SECTION
DECISION
Application no. 7847/06
Vasile TIRNOVETCHI against the Republic of Moldova
and 4 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 18 February 2014 as a Committee composed of:
Dragoljub Popović, President,
Luis López Guerra,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 3 February 2006 and 11 October 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
3. The facts of the case, as submitted by the parties, are set out in the appendix table and may be summarised as follows.
4. The applicants obtained final court judgments in their favour, obliging local public authorities either to pay compensation for unlawfully confiscated property or to provide them with social housing.
5. Before the Court the applicants complained about the non‑enforcement of those judgments. They relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.
6. The cases were communicated to the Government following the adoption of the pilot judgment in the case of Olaru and others (Olaru and Others v. Moldova, nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009).
7. The Government submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
8. By letters dated between 16 September and 14 October 2013, sent by registered post, the applicants and their representatives were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. The applicants’ and their representatives’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
9. The applicants and their representatives received those letters.
10. In applications nos. 7847/06, 7851/06, 13258/07 and 46011/07 no response has been received from the applicants.
In application no. 27404/06 on 23 October 2013 the applicant’s representative informed the Court that the judgment in the applicant’s favour had been enforced and requested the Court to proceed with the normal course of proceedings. Nevertheless, as the other applicants, this applicant failed to comply with the Court’s invitation to submit observations.
THE LAW
11. The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.
12. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications,
Decides to strike the applications out of its list of cases.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
Appendix
No
Application No. and date of lodging
Applicant’s details
Final judgment
Case details
7847/06,
03/02/2006
Vasile TIRNOVETCHI
born on 21/12/1939
living in Donduseni,
represented by Victor MARCU
Edineț District Court, 26/04/2004
Compensation of the pecuniary damage for unlawfully confiscated property located in Edineț
7851/06,
03/02/2006
Tamara STIHARI
born on 03/04/1932
living in Cobani,
represented by Victor MARCU
Edineț District Court, 21/07/2004
Compensation of the pecuniary damage for unlawfully confiscated property located in Edineț
27404/06,
22/06/2006
Leonte GINCU
living in Marcauti,
represented by Maria PELIN
Briceni District Court, 04/05/2001
Compensation of the pecuniary damage for unlawfully confiscated property located in Briceni
13258/07,
04/03/2007
Anatolie MUNTEAN
born on 01/04/1971
living in Chisinau
Supreme Court of Justice, 22/11/2006
Social housing case (internally displaced person)
46011/07,
11/10/2007
Ion GRIGORET
born on 27/06/1933
living in Bratusenii Vechi,
represented by Victor MARCU
Edineț District Court, 16/08/2005
Compensation of the pecuniary damage for unlawfully confiscated property located in Edineț
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