BAZA DE TRANSPORT AUTO NR. 1 v. THE REPUBLIC OF MOLDOVA - 36438/08 - Committee Judgment (French Text) [2014] ECHR 1303 (18 November 2014)

BAZA DE TRANSPORT AUTO NR. 1 v. THE REPUBLIC OF MOLDOVA - 36438/08 - Committee Judgment (French Text) [2014] ECHR 1303 (18 November 2014)

The authorities' failure to execute, within a reasonable time, a final judgment in favor of the applicant constituted a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The applicant also lacked an effective domestic remedy for this violation, contrary to Article 13.

Source-derived case information.

Citation
[2014] ECHR 1303
Parties
Applicant: Baza de Transport Auto nr. 1; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application allowed in part; violations found
Legal Topics
Right to a Fair Trial, Right to Property, Effective Remedy, Non Execution of Judgments
Human Rights Law Civil Procedure Right to a Fair Trial Right to Property Effective Remedy Non Execution of Judgments

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Parties

Baza de Transport Auto nr. 1

Applicant

Republic of Moldova

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the delayed execution of a final judgment violated the applicant's right to a tribunal under Article 6 § 1 of the Convention and right to property under Article 1 of Protocol No. 1
  2. 2 Whether the applicant had an effective domestic remedy as required by Article 13 of the Convention

Ratio Decidendi

The authorities' failure to execute, within a reasonable time, a final judgment in favor of the applicant constituted a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The applicant also lacked an effective domestic remedy for this violation, contrary to Article 13.

Court Disposition

Application allowed in part; violations found

Orders

  • The respondent state must pay the applicant 1,800 EUR for non-pecuniary damage within three months, plus any tax due.
  • The respondent state must pay the applicant 800 EUR for costs and expenses within three months, plus any tax due.