CARAMAN v. THE REPUBLIC OF MOLDOVA - 3755/05 (Judgment : Right to a fair trial : Second Section Committee) French Text [2020] ECHR 633 (15 September 2020)

CARAMAN v. THE REPUBLIC OF MOLDOVA - 3755/05 (Judgment : Right to a fair trial : Second Section Committee) French Text [2020] ECHR 633 (15 September 2020)

The authorities failed to execute the final judgment in favour of the applicant within a reasonable time, and the applicant was not adequately compensated for the period of non-execution from 2008 to 2012, resulting in a violation of Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention.

Source-derived case information.

Citation
[2020] ECHR 633
Parties
Applicant: Anatolie Caraman; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Application allowed in part; violation found
Legal Topics
Right to a Fair Trial, Enforcement of Judgments, Right to Property, Effective Remedy
Human Rights Law Civil Procedure Right to a Fair Trial Enforcement of Judgments Right to Property Effective Remedy

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Anatolie Caraman

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the delayed execution of a final judgment in favour of the applicant violated Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether the applicant had an effective remedy under Article 13 of the Convention

Ratio Decidendi

The authorities failed to execute the final judgment in favour of the applicant within a reasonable time, and the applicant was not adequately compensated for the period of non-execution from 2008 to 2012, resulting in a violation of Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention.

Court Disposition

Application allowed in part; violation found

Orders

  • The respondent state must pay the applicant 1,600 EUR for non-pecuniary damage within three months, plus any tax chargeable.
  • From the expiry of three months until payment, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.