SECOND SECTION
DECISION
Application no. 21190/21
Sergiu ZMEU
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 11 July 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 30 March 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiu Zmey, is a Moldovan national, who was born in 1982 and lives in Chișinău. He was represented by Mr V. Vieru, a lawyer practising in Chișinău.
The applicant’s complaints under Article 8 of the Convention concerning the withdrawal of parental authority were communicated to the Moldovan Government (“the Government”).
Subsequently, the parties informed the Court that the case had been resolved. In particular, after communication, upon the applicant’s request, on 29 March 2023 the Supreme Court of Justice decided to reopen domestic proceedings, found a violation of Article 8 of the Convention in respect of the applicant, awarded him 1,500 euros in respect of non-pecuniary damage and costs and expenses, and ordered a rehearing of the merits of the case. On 21 March 2024 the Supreme Court of Justice delivered a fresh judgment on the merits of the case by which it finally rejected the request to withdraw the applicant’s parental authority.
The Government and the applicant requested on 26 and 27 March 2024, respectively, the Court to strike out the application on the ground that the matter was resolved.
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 5 September 2024.
Viktoriya Maradudina Davor Derenčinović
Acting Deputy Registrar President