Judgment (Merits and Just Satisfaction) of Court (Third Section Committee), May 19, 2015 (case CASE OF CĂPITAN AND OTHERS v. ROMANIA)

JudgeN\/A
DefenseROMANIA
Resolution DateMay 19, 2015
Issuing OrganizationCourt (Third Section Committee)

THIRD SECTION

CASE OF CĂPITAN AND OTHERS v. ROMANIA

(Applications nos. 16497/06, 43943/06, 5579/07, 35907/07, 30448/08, 32241/08, 43154/08, 1411/09, 3044/09, 16199/09, 29686/09, 23802/10, 43022/10, 1799/11 and 65420/11)

JUDGMENT

STRASBOURG

19 May 2015

This judgment is final. It may be subject to editorial revision.

In the case of Căpitan and Others v. Romania,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

             Ján Šikuta, President,              Iulia Antoanella Motoc,              Branko Lubarda, judges,and Marialena Tsirli, Deputy Section Registrar,

Having deliberated in private on 21 April 2015,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in fifteen applications (nos. 16497/06, 43943/06, 5579/07, 35907/07, 30448/08, 32241/08, 43154/08, 1411/09, 3044/09, 16199/09, 29686/09, 23802/10, 43022/10, 1799/11 and 65420/11) against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Romanian companies and fourteen Romanian nationals. Their names and other details, as well as the date of lodging of each application are specified in the appended table.

  2. The Romanian Government (“the Government”) were represented by their Agent, Ms Catrinel Brumar, of the Ministry of Foreign Affairs.

  3. In accordance with Protocol No. 14, after informing the respondent Government, the applications were assigned to a Committee of three Judges.

    THE FACTS

    1. THE CIRCUMSTANCES OF THE CASES

  4. On the dates set out in the appended table domestic courts delivered decisions according to which the applicants were entitled to various pecuniary amounts and/or to have certain actions taken by State authorities in their favour. However, the applicants were unable to obtain the enforcement of the decisions in due time.

    1. RELEVANT DOMESTIC LAW

  5. The relevant domestic legal provisions and procedures concerning the enforcement of final judgments against State authorities are described in the leading case of Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania (nos. 2699/03 and 43597/07, §§ 36-40, 7 January 2014).

    THE LAW

    1. JOINDER OF THE APPLICATIONS

  6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to join them in a single judgment.

    1. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL NO. 1

  7. The applicants complained that the non-enforcement or the delayed enforcement of the final judgments rendered in their favour had infringed their right to access to court guaranteed by Article 6 § 1 of the Convention and also their right to property as provided by Article 1 of Protocol No. 1 to the Convention. Insofar as relevant, these Articles read as follows:

    Article 6 § 1

    “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by a ... tribunal”

    Article 1 of Protocol No. 1

    “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

    The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

  8. The Court notes that the judgments in the present cases ordered the relevant authorities to execute various obligations in kind or to pay the...

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