British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
European Court of Human Rights
You are here:
BAILII >>
Databases >>
European Court of Human Rights >>
LUNGU v. MOLDOVA - 17911/08 [2010] ECHR 448 (6 April 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/448.html
Cite as:
[2010] ECHR 448
[
New search]
[
Contents list]
[
Printable RTF version]
[
Help]
FOURTH
SECTION
CASE OF LUNGU v. MOLDOVA
(Application
no. 17911/08)
JUDGMENT
(just
satisfaction-friendly settlement)
STRASBOURG
6 April
2010
This
judgment is final but it may be subject to editorial revision.
In the case of Lungu v. Moldova,
The
European Court of Human Rights (Fourth Section), sitting as a Chamber
composed of:
Nicolas Bratza, President,
Lech
Garlicki,
Giovanni Bonello,
Ljiljana
Mijović,
David Thór Björgvinsson,
Ledi
Bianku,
Mihai Poalelungi, judges,
and
Lawrence Early, Section
Registrar,
Having
deliberated in private on 16 March 2010
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
The
case originated in an application (no. 17911/08) against the Republic
of Moldova lodged with the Court under Article 34 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by three Moldovan nationals, Artur, Corina and
Olivia Lungu (“the applicants”), on 2 April 2008.
Their application was dealt simultaneously with applications nos.
476/07, 22539/05 and 13136/07 and formed part of
the overall case of Olaru and Others v.
Moldova (nos. 476/07, 22539/05,
17911/08 and 13136/07, 28 July 2009).
The
applicants were represented by Ms J. Hanganu, a lawyer practising in
Chişinău. The Moldovan Government (“the Government”)
were represented by their Agent, Mr V. Grosu.
The
applicants complained under Article 6 § 1 and under Article 1 of
Protocol No. 1 to the Convention about the late enforcement of a
final judgment in their favour.
In
a judgment delivered on 28 July 2009 (“the principal
judgment”), the Court held that there had been a violation of
the applicants' rights provided for by Article 6 § 1 of the
Convention and Article 1 of Protocol No. 1 to the Convention as
a result of the non-enforcement of a final judgment (see
Olaru and Others v. Moldova, cited
above).
Since
the question of the application of Article 41 of the Convention was
not ready for decision, the Court reserved it and invited the
Government and the applicants to submit, within three months, their
written observations on that issue.
The
applicants and the Government reached a friendly settlement.
THE FACTS
The
applicants, Artur, Corina and Olivia Lungu are a family of Moldovan
nationals who were born in 1972, 1973 and 1994 respectively and live
in Straseni.
Between
1997 and 2003 the first applicant was a judge. By a final judgment of
10 September 2001 of the Edineţ District Court, the Edineţ
Municipal Council was ordered to provide the applicants with housing
in accordance with the provisions of the Law on the Status of Judges.
Since
the judgment was not enforced, on 11 March 2005 the applicants
applied for a change in the manner of enforcement of the judgment.
On
9 June 2006 the Râşcani District Court ordered the Edineţ
Local Council to pay the applicants the value of the apartment,
namely 15,000 dollars (USD).
The
judgment of 10 September 2001 was enforced on 17 December 2008.
On
28 July 2009 the Court examined the merits of the present case within
the framework of Olaru and Others v. Moldova
(cited above) and found a violation of Article 6 and Article 1
of Protocol No. 1 to the Convention.
THE LAW
On
1 February 2010 the Court received a friendly settlement agreement
from the parties. According to that agreement the Government agreed
to pay the applicants 5,000 euros (EUR) for pecuniary damage,
EUR 1,200 for non-pecuniary damage and EUR 1,000 for costs and
expenses to be converted into Moldovan Lei at the rate applicable on
the date of judgment. The above amounts are to be free of tax and be
paid to the applicants within three months from the date on which the
Court delivers a strike-out decision in the case. The parties also
agreed that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points. In exchange
the applicants agreed to waive any further claims against Moldova in
respect of the facts giving rise to this application.
The
Court takes note of the agreement reached between the parties
(Article 39 of the Convention). It is satisfied that the settlement
is based on respect for human rights as defined in the Convention or
its Protocols (Article 37 § 1 in fine of the Convention
and Rule 62 § 3 of the Rules of Court).
Accordingly,
the remainder of the case as regards these applicants (application
no. 17911/08) should be struck out of the list.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Takes formal note of the agreement between the
parties and the arrangements made to ensure compliance with the
undertakings given therein (Rule 43 § 3 of the Rules of Court);
Decides to strike the remainder of the case (no.
17911/08) out of its list of cases.
Done in English, and notified in writing on 6 April 2010, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Lawrence Early Nicolas Bratza
Registrar President
