European Court of Human Rights

Resolution CM/ResDH(2011)28¹

Execution of the judgments of the European Court of Human Rights

Lindner and Hammermayer, Smoleanu and Popovici and Dumitrescu against Romania

(Applications Nos. (see details in Appendix) friendly settlements)

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 judgments transmitted by the Court to the Committee once they have become final;

Recalling that the applicants’ complaints declared admissible in these cases concerned the annulment by courts of appeal of final judicial decisions rendered between 1993 and 1995, establishing the validity of the applicants’ titles to property confiscated by the state in 1950 (complaints under Articles 6, paragraph 1, and Article 1 of Protocol No. 1) (see details in Appendix);

Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list;

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see details in Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

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

Having examined the information provided 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 agreed to under the terms of the friendly settlements, the government of the respondent state paid the applicants the sums provided for in the friendly settlements (see details in Appendix);

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.

Appendix to Resolution CM/ResDH(2011)28

Information on the measures taken to comply with the judgments in the cases of

Lindner and Hammermayer, Smoleanu and Popovici and Dumitrescu against Romania

Introductory case summary

These cases concern the annulment by Courts of Appeal of final judicial decisions rendered between 1993 and 1995, establishing the validity of the applicants’ titles to property confiscated by the state in 1950. In particular, they concern the applicants’ right of access to a court insofar as the Courts of Appeal had not recognised the courts’ jurisdiction over disputes relating to recovery of property (complaints under Article 6§1). The applicants had furthermore complained that their right to respect for their possessions had been violated due to the annulment without justification and without compensation of final judicial decisions recognising the applicants’ property rights to the apartments at issue (complaints under Article 1 of Protocol No. 1).

I. Payments of the sums provided for in the friendly settlements and individual measures

a) Details of the sums provided for in the friendly settlements

b) Individual measures

In the friendly settlements, the Romanian government undertook to pay the applicants certain sums as well as to implement fully the domestic judicial and administrative decisions returning the property at issue to the applicants.

1) Lindner and Hammermayer case: The government undertook to implement fully the Bucharest Court of Appeal’s decision of 7/09/2005 and the decision of the Bucharest City Council of 15/02/2006. The Romanian authorities confirmed that, on 30/03/2006, an act of delivery and receipt of the property at issue was signed between the representatives of the local authorities and the applicants. Pursuant to this act, the property was returned to the applicants.

2) Smoleanu case: The government has pointed out that, since 04/11/2005, the applicant has effectively enjoyed possession of the property.

3) Popovici and Dumitrescu case: The government undertook to implement fully the Court of Cassation decision of 15/11/2005 and pointed out that since 20/02/2006 the applicants have effectively enjoyed their property. In addition, the Ministry of Finance had signed an act of delivery and receipt of the property, thus confirming the applicants’ exclusive title to it.

II. General measures

These cases are similar to the Brumărescu group (see final Resolution CM/ResDH(2007)90).

III. Conclusions of the respondent state

The government considers that Romania have complied with the commitments subscribed to in these cases and consequently with their obligations under Article 46, paragraph 1, of the Convention.