Z.E. proti Moldavsku

SECOND SECTION

DECISION

Application no. 40015/18
Z.E.
against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 24 November 2022 as a Committee composed of:

Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 August 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Z.E., is a Moldovan national, who was born in 1990 and lives in Medeleni. The President granted the applicant’s request for her identity not to be disclosed to the public (Rule 47 § 4). She was represented before the Court by Ms N. Moloșag, a lawyer practising in Chișinău.

The applicant’s complaint under Article 8 of the Convention concerning the right to respect for her private life was communicated to the Moldovan Government (“the Government”).

Subsequently, the Government informed the Court that, after a successful reopening of the domestic proceedings, on 18 February 2020 the Chișinău Court of Appeal had examined the applicant’s appeal and upheld the conclusions of the first‑instance court, which found that the applicant’s rights under Article 8 of the Convention had been breached. The appeal court also increased the amount of compensation to 150,000 Moldovan lei (equal to 7,775 euros). The judgment was not appealed against. In view of the adequate amount of compensation and the acknowledgement of a violation of the applicant’s rights under Article 8 of the Convention in the domestic proceedings, the Government requested that the application be struck out of the Court’s list since the matter had been resolved and the applicant had lost her victim status.

The applicant did not comment.

THE LAW

The Court notes that the applicant’s appeal was indeed re-examined by the Chișinău Court of Appeal on 18 February 2020 and that a judgment favourable to the applicant had been issued as a result. The domestic courts acknowledged the violation of the applicant’s rights under Article 8 of the Convention and awarded her compensation in line with the Court’s case-law (see Avram and Others v. Moldova, no. 41588/05, 5 July 2011).

In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.

Accordingly, the application should be struck out of the list.

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 15 December 2022.

Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President