STATE A OSTATNÍ proti Rumunsku

FOURTH SECTION

CASE OF STATE AND OTHERS v. ROMANIA

(Application no. 36127/19 and 7 others –

see appended list)

JUDGMENT

STRASBOURG

30 March 2023

This judgment is final but it may be subject to editorial revision.

In the case of State and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 March 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Romanian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions.

THE LAW

1. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

6. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1.

7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II).

8. In the leading case of Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania, nos. 2699/03 and 43597/07, 7 January 2014, the Court already found a violation in respect of issues similar to those in the present case, where the State was the debtor.

9. The Court further notes that the domestic decisions in the present applications ordered payment of various amounts of money to the applicants or ordered other specific actions to be taken by various public authorities (see the appended table for details of the court orders). The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour.

11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

3. OTHER ALLEGED VIOLATION OF THE CONVENTION

12. In application no. 36127/19 the applicant also complained under Article 13 of the Convention about absence of an effective remedy allowing to complain about a delay in the enforcement of the final domestic judgment.

13. The Court notes that this complaint is linked to the ones examined above and must therefore, likewise, be declared admissible.

14. Regard being had to its finding of a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1 (see paragraphs 10 and 11 above), the Court does not consider it necessary to examine this complaint separately (see Mihăescu v. Romania, no. 5060/02, § 47, 2 November 2006).

4. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

16. Regard being had to the documents in its possession and to its case‑law (see, in particular, Foundation Hostel for Students of the Reformed Church and Stanomirescu, cited above), the Court considers it reasonable to award the sums indicated in the appended table.

17. The Court further notes that the final domestic judgments in applications nos. 50088/20 and 52089/21 were enforced in full. However, the respondent State has an outstanding obligation to enforce the judgments referred to in the appended table which remain fully or partially unenforced.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non‑enforcement or delayed enforcement of the domestic decisions, as indicated in the appended table;
4. Holds that there is no need to examine separately the complaint under Article 13 of the Convention;
5. Holds that the respondent State shall ensure, by appropriate means, within three months, the full enforcement of the pending domestic decisions referred to in the appended table, save for judgment in applications nos. 50088/20 and 52089/21 which had been enforced in full;
6. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 30 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Tim Eicke

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)

[1] Plus any tax that may be chargeable to the applicants.