European Court of Human Rights

Resolution CM/ResDH(2011)257¹

Execution of the judgment of the European Court of Human Rights

Savu against Romania

(Application No. 19982/04, judgment of 4 November 2008, final on 4 February 2009)

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 violations of the Convention found by the Court in this case concern the quashing of final court decisions by the Supreme Court following an application for nullity (recurs in anulare) lodged by the Procurator General (violations of Article 6, paragraph 1 and Article 1 of Protocol No. 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 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)257

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

Savu against Romania

Introductory case summary

This case concerns the quashing of final court decisions by the Supreme Court, in 2004, following an application for nullity lodged by the Procurator General under Article 330 and Article 330¹ of the Code of Civil Procedure (violations of Article 6, paragraph 1 and Article 1 of Protocol No. 1). The decisions quashed granted the applicant a plot of land of 293 m² in exchange for the payment of a sum to the other parties to the proceedings.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicant lodged a request with the European Court for just satisfaction in respect of the pecuniary and non-pecuniary damage caused by the violations of Article 6§1 and Article 1 of Protocol No. 1. The Court considered that the request concerning the alleged damage caused by the lack of enjoyment of the plot of land of 293 m² had not been proved. The Court considered that it fell to the authorities to take the necessary measures with a view to placing the applicant in a situation similar to that in which he would have been had the requirements of Article 6§1 of the Convention and Article 1 of Protocol No. 1 not been violated by the delivery of the decision of the Supreme Court of Justice in extraordinary appeal proceedings. In conclusion, the Court awarded the applicant an amount in respect of non-pecuniary damage.

Following the judgment of the European Court, the applicant lodged a request for review of the decision of the Supreme Court of Justice by which the final court decisions in his favour had been quashed. The High Court of Cassation and Justice granted the request and re-examined the case. By a final decision of 17 October 2011, it dismissed the extraordinary appeal lodged at the time by the Procurator General. Consequently, the decisions in favour of the applicant regained their binding force.

In view of the above, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The government referred to the measures that had been taken to avoid new similar violations, as set out in Resolution CM/ResDH(2007)90 (in particular the fact that Articles 330 and 330¹ of the Code of Civil Procedure were repealed by Article 1 §17 of Emergency Ordinance No. 58 of 25/06/2003 passed by the government, published in the Official Journal on 28/06/2003, which received parliamentary approval on 25/05/2004).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.