European Court of Human Rights

Resolution CM/ResDH(2011)246¹

Execution of the judgment of the European Court of Human Rights

SC Plastik ABC SA against Romania

(Application No. 32299/03, judgment of 7 February 2008, final on 7 May 2008)

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 partial quashing of a final court decision by the Supreme Court following an application for nullity (recurs in anulare) lodged by the Procurator General in criminal proceedings (violations of Article 6, paragraph 1 and of 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 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)246

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

SC Plastik ABC SA against Romania

Introductory case summary

This case concerns the quashing by the Supreme Court, in 2003, of the part of the operative provisions of a final court decision concerning the obligation of the Ministry of Finance to pay damages to the applicant, following an application for nullity lodged by the Procurator General under Article 410 of the Code of Criminal Procedure (violations of Article 6, paragraph 1 and Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court awarded the applicant just satisfaction for the pecuniary and non-pecuniary damage incurred as a result of the partial quashing of the final decision.

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

II. General measures

The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ResDH(2011)27 adopted in the cases of Bota, Sergiu Popescu and Precup against Romania (judgments of 04/11/2008, 16/12/2008 and 27/01/2009).

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.