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Cite as: [2012] ECHR 776

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THIRD SECTION

DECISION

Application no. 9230/05
Alexandru ERMACOV against Moldova
and 12 other applications
(see list appended (Annex No. 1))

The European Court of Human Rights (Third Section), sitting on 10 April 2012 as a Committee composed of:

Alvina Gyulumyan, President,
Ineta Ziemele,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above applications lodged between 18 February 2005 and 14 April 2010,

Having deliberated, decides as follows:

THE FACTS

The applicants and the applicant companies, referred to in the attached tables, are Moldovan nationals or private companies registered in Moldova, except for Mr Topcii and Mr Banari, who are Ukrainian nationals, and Harland International Inc., which is a private company registered in the United States of America. They lodged their applications between 18 February 2005 and 14 April 2010. The Moldovan Government (“the Government”) are represented by their Agent, Mr V. Grosu. The Ukrainian Government were informed of their right to intervene in the applications nos. 12457/09 and 24167/10, but did not avail themselves of that right.

All the applicants and the applicant companies obtained final judgments in their favour. Enforcement warrants were issued. Some of these final judgments have not been enforced to date, either fully or in part, whereas others have been enforced with delay.

On 1 July 2011 a new law (Law No. 87) entered into force, instituting a remedy against the problem of non-enforcement of final domestic judgments and against the problem of unreasonable length of proceedings.

On 29 September 2011 the Court informed the applicants and the applicant companies of the new remedy, asking whether they intended to make use of it within the six-month time-limit set by Law No. 87. The applicants’ and the applicant companies’ attention was drawn to the fact that according to Article 35 § 1 of the Convention, the Court may only deal with a matter after all domestic remedies have been exhausted and that failure to observe the above rule could constitute a reason for declaring the applications inadmissible.

The applicants and the applicant companies did not reply to the Court’s letter of 29 September 2011. On an unspecified date Mr Banari died. His successors also failed to inform the Court whether they wished to pursue the application on Mr Banari’s behalf.

THE LAW

Relying on various provisions of the Convention (see Annex No. 1), the applicants and the applicant companies complained that the State had failed to ensure the enforcement of the binding and enforceable judgments in their favour.

The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.

The Court further notes that the present applicants and applicant companies did not reply to its letter dated 29 September 2011 and, in view of the content of that letter, considers that these applicants and applicant companies may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention.

Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike these applications out of the list.

For these reasons, the Court unanimously

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Marialena Tsirli Alvina Gyulumyan
Deputy Registrar President

ANNEX No. 1

No.	Application no. and date of lodging	Date of communica-tion to the respondent Government	Applicant’s details	Final judgment	Communicated complaints	Other complaints
1.	9230/05, lodged on 18.02.2005	20.01.2009	Mr Alexandru ERMACOV, born in 1972 and living in Hânceşti	Hânceşti District Court, judgments of 4.04.2001, 5.11.2001, 6.08.2003, 29.04.2004, 16.09.2004 and on 18.10.2004	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
2.	9003/06, lodged on 15.02.2006	08.12.2008	Ms Parascovia ILAŞCU and 7 others (see Annex No. 2)	Court of Appeal of the Republic of Moldova, 3.01.2002; Chişinău Regional Court, decisions of 14.11.2001, 9.04.2002, 16.04.2002, 21.03.2002	Articles 6 of the Convention and 1 of Protocol No.1	n/a
3.	491/07, lodged on 11.12.2006	20.01.2009	Mr Andrei NOVACOV, born in 1983 and living in Ceadîr-Lunga	Comrat District Court, 24.01.2002	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
4.	52939/07, lodged on 02.12.2007	06.05.2011	Ms Violeta GĂŞIŢOI, born in 1980 and living in Chişinău	Buiucani District Court, 4.05.2007	Articles 6 and 13 of the Convention and 1 of Protocol No.1	Article 6 of the Convention (length of proceedings)
5.	56541/07, lodged on 30.11.2007	09.12.2008	Ms Natalia PĂTRUNJEL, date of birth unknown, living in Chişinău	Chişinău Court of Appeal, 2.11.2006	Articles 6 of the Convention and 1 of Protocol No.1	n/a
6.	1832/08, lodged on 29.10.2007	06.05.2011	Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău	Buiucani District Court, 2.04.2007	Articles 6 and 13 of the Convention and 1 of Protocol No.1	Article 10 of the Convention
7.	9443/08, lodged on 30.11.2007	06.05.2011	Mr Ilie PĂDUREŢ, born in 1952 and living in Chişinău	Supreme Court of Justice, 6.06.2007	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
8.	16590/08, lodged on 07.03.2008	30.11.2009	Harland International Inc., private company registered in the United States of America	Rîşcani District Court, 24.12.2007	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
9.	17948/08, lodged on 12.03.2008	25.05.2010	Ms Elena RUSU and others (see Annex No. 3)	Căuşeni District Court, 23.02.2006	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
10.	34217/08, lodged on 25.06.2008	06.05.2011	Asociatia DNT, private company registered in Moldova	Chişinău Economic District Court, 10.12.2004	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
11.	38689/08, lodged on 11.08.2008	06.05.2011	LAL SRL, private company registered in Moldova	Supreme Court of Justice, 9.10.2002	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
12.	12457/09, lodged on 23.02.2009	30.11.2009	Mr Leonid TOPCII, a Ukrainian national, born in 1945 and living in Starobilsk, Ukraine	Comrat District Court, 6.09.1995	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a
13.	24167/10, lodged on 14.04.2010	06.05.2011	Mr Grigorii BANARI, Ukrainian national, born in 1957 and deceased on an unspecified date	Dergachev District Court (Ukraine), 2.11.2009	Articles 6 and 13 of the Convention and 1 of Protocol No.1	n/a

ANNEX No. 2

Applicant’s name	Applicant’s details
Ms Parascovia Ilaşcu	Moldovan national, born in 1961 and living in Chişinău
Ms Tatiana Răilean	Moldovan national, born in 1966 and living in Chişinău
Ms Maria Pleasunov	Moldovan national, born in 1964 and living in Chişinău
Mr Mihai Gologan	Moldovan national, born in 1966 and living in Chişinău
Ms Valentina Armaşu	Moldovan national, born in 1966 and living in Chişinău
Mr Boris Stepa	Moldovan national, born in 1958 and living in Chişinău
Mr Oleg Zengher	Moldovan national, born in 1961 and living in Chişinău
Mr Pimen Răilean	Moldovan national, born in 1965 and living in Chişinău
Ms Elena Rusu	Moldovan national, born in 1960 and living in Căuşeni
Mr Vladimir Rusu	Moldovan national, born in 1952 and living in Căuşeni
Mr Constantin Rusu	Moldovan national, born in 1982 and living in Căuşeni
Ms Natalia Paniş	Moldovan national, born in 1953 and living in Căuşeni
Mr Andrei Paniş	Moldovan national, born in 1985 and living in Căuşeni
Mr Ion Paniş	Moldovan national, born in 1987 and living in Căuşeni

ANNEX No. 3

Applicant’s name	Applicant’s details
Ms Elena Rusu	Moldovan national, born in 1960 and living in Căuşeni
Mr Vladimir Rusu	Moldovan national, born in 1952 and living in Căuşeni
Mr Constantin Rusu	Moldovan national, born in 1982 and living in Căuşeni
Ms Natalia Paniş	Moldovan national, born in 1953 and living in Căuşeni
Mr Andrei Paniş	Moldovan national, born in 1985 and living in Căuşeni
Mr Ion Paniş	Moldovan national, born in 1987 and living in Căuşeni