European Court of Human Rights

Resolution CM/ResDH(2011)70¹

Execution of the judgment of the European Court of Human Rights

Bessler against Romania

(Application No. 25669/04, judgment of 18 May 2010, final on 18 August 2010)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unfairness of civil proceedings as the domestic courts failed to address a decisive argument brought by the applicant in support of her actions (violation of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant’s heirs the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)70

Information about the measures to comply with the judgment in the case of

Bessler against Romania

Introductory case summary

This case concerns the unfairness of civil proceedings to recover her properties which had been nationalised during the communist regime, due to the domestic courts’ failure, in 1999 and 2003, to address a decisive argument the applicant had submitted in support of her actions (violation of Article 6, paragraph 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

Article 322 § 9 of the Romanian Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court has found a violation. In addition, the European Court awarded the applicant’s heirs just satisfaction in respect of non-pecuniary damage.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

This case presents similarities to that of Vlasia Grigore Vasilescu against Romania (Resolution CM/ResDH(2011)19), in which the Romanian authorities indicated that the violation stemmed from the failure of the domestic courts to observe their statutory obligation to give reasons for their decisions. Given the direct effect of the Convention and the case-law of the European Court in Romania, the authorities considered that the publication and dissemination of the Vlasia Grigore Vasilescu judgment should guarantee that the courts take into account the requirements of Article 6, paragraph 1, set out in this judgment, thus preventing similar violations in the future.

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.