FOURTH SECTION
DECISION
Applications nos. 2097/04 and 21721/07
Constantin Mircea TURCULET IONESCU against Romania
and Ion ILIE and Others against Romania
The European Court of Human Rights (Fourth Section), sitting on 3 September 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The list of applicants is set out in the appended table.
2. The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning their inability to obtain restitution of their nationalised properties or to secure compensation therefor were communicated to the Romanian Government (“the Government”). The applicants also raised other complaints under the provisions of the Convention.
3. At various dates after notice of the applications had been given to the Government, the parties informed the Court that the claimed properties had been returned to the applicants.
THE LAW
4. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.Article 1 of Protocol No. 1 to the Convention
5. The Court finds that, since the claimed properties have been returned to the applicants and having regard to its well-established case-law on the topic (see Ana Ionescu and Others v. Romania, nos. 19788/03 and 18 others, §§ 15-16, 26 February 2019), the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention. It further considers that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine.
6. Accordingly, the applications should be struck out of the list as regards the complaints under Article 1 of Protocol No. 1.Other complaints
7. The applicants also raised other complaints under various articles of the Convention.
8. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
9. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.Costs and expenses
10. In application no. 2097/04, the applicant claimed reimbursement of alleged costs and expenses incurred. However, the Court notes that he has neither quantified nor substantiated his claims. Accordingly, it finds no reason to award him any sum on that account.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases as regards the complaints under Article 1 of Protocol No. 1 to the Convention;
Declares the remainder of the applications inadmissible;
Rejects the applicant’s claims for cost and expenses in application no. 2097/04.
Done in English and notified in writing on 24 September 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
(restitution of nationalised property)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name
Identification
of property
Domestic decision acknowledging the applicants’ title to property
Domestic decision confirming the validity of the third parties’ title to property
Matter has been resolved
2097/04
07/11/2003
Constantin Mircea TURCULET IONESCU
1945
L.E. Cosma
Bucharest
No. 93 Trotusului street
06/03/2001
Bucharest Court of Appeal
10/10/2000
Bucharest Court of Appeal
Second action:
05/09/2003
Bucharest Court of Appeal
26/09/2008
Bucharest County Court
Decisions enforced
21721/07
24/04/2007
(6 applicants)
Ion ILIE
1934
Anca-Maria ILIE
1938
Şerban-Mihai ILIE
1970
Stelian-Ion ILIE
1967
Ioan-Nicolae BOATĂ
1942
Victoria Ştefania Minona VERHUVEN
1940
Bucharest
No. 4 Brezoianu Street
23/02/1994
Bucharest District Court
27/10/2006
Bucharest Court of Appeal
12/04/2011
Bucharest Court of Appeal
Decision enforced
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