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FOURTH SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 45653/05 by Anatolie BÎZGU

and 35 other applications against Moldova and Russia

The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Ledi Bianku, judges,
and Lawrence Early, Section Registrar,

Having regard to these applications lodged between 15 November 2005 and 3 January 2007,

Having deliberated, decides as follows:

THE FACTS

A. The circumstances of the cases

The applicants, referred to in the attached table, are all Moldovan nationals. Their applications were lodged between 15 November 2005 and 3 January 2007. All the applicants are represented by Mr Anatolie Bîzgu.

These cases originated in a large number of applications in which the applicants raised complaints that the Moldovan Government had failed to comply with final judgments awarding applicants housing rights or money in lieu of housing.

The facts of these cases, as submitted by the applicants, are set out in the attached table and may be summarised as follows.

The applicants are all internally displaced persons who fled Transdniestria after the 1992 war.

On 21 October 1993 the Government of the Republic of Moldova adopted Decision no. 658 “on housing for persons forced to quit their houses in the eastern region of Moldova”.

On an unspecified date the applicants instituted proceedings against the Government seeking housing.

By final judgments of 25 May 2005, 27 May 2005 and 7 June 2006, the Supreme Court of Justice ordered the Moldovan Government to provide the applicants with apartments.

Thus, all the applicants obtained final judgments in their favour and enforcement warrants were issued; however, the judgments have not been enforced to date.

B. Relevant non-Convention material

The relevant non-Convention material has been set out in Olaru and Others v. Moldova, nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009.

COMPLAINTS

The applicants complain of a breach of their rights guaranteed by Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention as a result of the Moldovan Government’s failure to comply with final judicial decisions delivered by domestic courts in their favour.

THE LAW

The Court notes that all the above applications were also lodged against Russia. According to the applicants, they were forced to leave their homes in Transdniestria due to the actions of Russia, which contributed military, economically and politically to the creation and consolidation of the Transdniestrian separatist regime.

The Court notes that the subject matter of the applications concerns the failure of the Moldovan authorities to enforce final judgments of Moldovan courts obliging the Government of Moldova and the Chişinău Municipal Council to provide the applicants with apartments. It follows that in so far as the applications are brought against Russia they are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

In so far as the complaints lodged against Moldova are concerned, the Court considers that it cannot, on the basis of the case files, determine their admissibility and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of these applications to the Moldovan Government.

For these reasons, the Court, unanimously,

Declares inadmissible the complaints lodged by the applicants in so far as they relate to Russia;

Decides to adjourn the examination of the above applications in so far as they relate to Moldova.

Lawrence Early Nicolas Bratza
Registrar President

ANNEX TABLE

Application number and date of lodging	Applicant’s details	Final judgment
45653/05, lodged on 15.11.2005	BÎZGU Anatolie born on 26.07.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
13032/07, lodged on 03.01.2007	ARMENCEA Valentina born on 05.01.1963, Moldovan national, living in Chişinău	Supreme Court of Justice, 07.06.2006
13358/07, lodged on 30.12.2006	COROPAT Liliana born on 24.02.1972, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
13361/07, lodged on 23.01.2007	FEDCO Valeriu, born on 01.11.1963, Moldovan national, living in Chişinău	Supreme Court of Justice, 23.02.2006
15178/07, lodged on 16.11.2005	HANGANU Valentin born on 02.11.1963, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15207/07, lodged on 16.11.2005	VÎLCU Mihai born on 26.08.1964, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15218/07, lodged on 16.11.2005	ABABII Gheorghe born on 08.05.1970, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15258/07, lodged on 10.11.2005	BULBUC Alexei born on 06.04.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15267/07, lodged on 16.11.2005	TUNTULESCU Victor born on 02.11.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15271/07, lodged on 16.11.2005	FIODOROV Sergiu born on 15.02.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15279/07, lodged on 15.11.2005	PECIUL Tudor born on 05.07.1970, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15286/07, lodged on 11.02.2006	COJUHARI Sergiu born on 23.07.1956, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15293/07, lodged on 11.02.2006	LOPATA Liomid born on 14.06.1953, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15301/07, lodged on 11.02.2006	MOROZOVA Svetlana, born on 04.03.1966, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15304/07, lodged on 11.02.2006	SANDUL Iurie born on 26.09.1970, Moldovan national, living in Chişinău	Supreme Court of Justice, 27.05.2005
15319/07, lodged on 06.03.2006	VÎDRU Iurie born on 25.08.1975, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15326/07, lodged on 11.02.2006	NICOLAEV Oleg born on 23.04.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15333/07, lodged on 11.02.2006	CIJOV Serghei born on 05.02.1947, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15340/07, lodged on 11.02.2006	TERENTIEV Anatolie born on 22.06.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15698/07, lodged on 15.11.2005	MANIC Olga born on 8.4.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15721/07, lodged on 15.11.2005	ALEXEEV Natalia born on 17.09.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15730/07, lodged on 15.11.2005	IPATII Petru born on 28.07.1962, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15744/07, lodged on 15.11.2005	VASILIŢA Iulia born on 07.07.1972, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15756/07, lodged on 15.11.2005	STENGACI Ghenadie born on 14.05.1971, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15772/07, lodged on 15.11.2005	RUSU Mihail born on 14.03.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15783/07, lodged on 15.11.2005	BUDEI Valerii born on 27.11.1969, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15787/07, lodged on 20.11.2005	POPOV Elena born on 23.09.1958, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15804/07, lodged on 25.11.2005	CÎRLIG Alexei, born on 26.11.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 27.05.2005
15861/07, lodged on 25.11.2005	LUCHIAN Constantin, born on 21.07.1963, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15865/07, lodged on 02.12.2005	MUNTEAN Sergiu born on 05.09.1967, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15872/07, lodged on 25.11.2005	MELNIC Valeriu born on 19.05.1965, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15883/07, lodged on 02.12.2005	LOPATIUC Natalia born on 08.03.1961, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15910/07, lodged on 25.11.2005	BOLEAC Angela born on 12.06.1975, Moldovan national, living in Chişinău	Supreme Court of Justice, 27.05.2005
15921/07, lodged on 15.11.2005	FUGARI Lilia born on 06.03.1972, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15936/07, lodged on 15.11.2005	HRANOVSCHI Nicolae born on 26.10.1971, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005
15945/07, lodged on 15.11.2005	PARA Vasile, born on 27.12.1963, Moldovan national, living in Chişinău	Supreme Court of Justice, 25.05.2005