European Court of Human Rights

Resolution CM/ResDH(2011)248¹

Execution of the judgment of the European Court of Human Rights

Ionescu and Mihaila against Romania

(Application No. 36782/97, judgment of 14 December 2006, final on 14 March 2007)

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 lack of access to a court in order to claim the restitution of a nationalised building (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 the respondent state paid the applicants 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)248

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

Ionescu and Mihaila against Romania

Introductory case summary

This case concerns a violation of the applicants’ right of access to a court in that the Bucharest Court of Appeal concluded in 1996 that the courts were not competent to deal with their claim for restitution of property which had been nationalised in 1950 (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 of the Convention.

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

II. General measures

This case presents similarities to that of Canciovici and others against Romania (Resolution CM/ResDH(2008)79), in which the Romanian authorities indicated that changes made to the legislation and case-law recognised the right of access to a court for former owners of nationalised property.

III. Conclusions of the respondent state

The government considers that no individual measure is required in this case 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.