CASE OF PANZARI v. MOLDOVA
(Application no. 27516/04)
29 September 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Panzari v. Moldova,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Elisabet Fura, appointed to sit in respect of Moldova,
Boštjan M. Zupančič,
Luis López Guerra, judges,
and Stanley Naismith, Deputy Section Registrar,
Having deliberated in private on 8 September 2009, delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
II. RELEVANT DOMESTIC LAW
(1) Court actions shall be examined by the first-instance court within a reasonable time. The criteria for determining the reasonable length of the proceedings include: the complexity of the case, the conduct of the parties to the proceedings and the conduct of the court. The observance of the reasonable time requirement in examining cases shall be ensured by the court. In examining a specific case, the observance of the reasonable time requirement shall be verified by the higher courts when examining the case in the relevant form of appeal.
(2) Court actions regarding ... work related claims ... shall be examined urgently and on a priority basis.”
An appeal in cassation may be lodged within 15 days from the date when the judgment was adopted or, in case of subsequent drafting of the text, from the date when the parties have been informed in writing about the signing of the drafted judgment. An appeal in cassation lodged within 2 months from the date of adoption of the judgment or of informing the parties about it shall be considered as lodged within the time-limit. ”
“The time-limit for lodging an appeal in cassation is 15 days from the date of the judgment, if the law does not provide otherwise”.
Article 1 reads as follows:
“The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of [the] Convention.”
The relevant part of Article 6 reads as follows:
“1. In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing within a reasonable time by an independent and impartial tribunal established by law.”
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
Article 1 of Protocol No. 12 to the Convention reads as follows:
“1. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.”
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
A. Pecuniary damage
B. Non-pecuniary damage
C. Costs and expenses
D. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 1,000 (one thousand euros) in respect of non-pecuniary damage and EUR 745 (seven hundred and forty-five euros) in respect of costs and expenses, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 29 September 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Naismith Josep Casadevall
Deputy Registrar President