POJOGA v. THE REPUBLIC OF MOLDOVA - 39635/08 (Judgment : Struck out of the list : Second Section Committee) [2021] ECHR 581 (29 June 2021)

JUDGMENT (Just satisfaction - striking out) STRASBOURG 29 June 2021 This judgment is final but it may be subject to editorial revision. In the case of Pojoga v. the Republic of Moldova, The European Court of Human Rights (Second Section), sitting as a Committee composed of: Carlo Ranzoni, President, Valeriu Griţco, Marko Bošnjak, judges, and Hasan Bakırcı, Deputy Section Registrar, Having deliberated in private on 8 June 2021, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 39635/08 ) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 15 May 2008 by a Moldovan national, Ms Ecaterina Pojoga (“the applicant”). 2. In a judgment delivered on 19 May 2020 (“the principal judgment”), the Court held that there had been a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1 to the Convention ( Pojoga v. the Republic of Moldova , no. 39635/08 , 19 May 2020). 3. Under Article 41 of the Convention the applicant sought just satisfaction in the amount of 20,400 euro (EUR). 4. Since the question of the application of Article 41 of the Convention was not ready for decision as regards pecuniary damage, the Court reserved it and invited the Government and the applicant to submit, within three months, their written observations on that issue and, in particular, to notify the Court of any agreement they might reach (ibid., § 34 and point 4 of the operative provisions). 5. On 23 March 2021 the Court received a letter from the applicant stating that in view of the reinstatement of its rights by the domestic courts within the framework of the revision proceedings, her rights had been fully restored and that she was afforded a proper redress in respect of the violation of her Convention rights. 6. On 26 March 2021 the Court received a letter from the Government stating that following revision proceedings the domestic courts fully reinstated the applicant’s right to property. The Government further submitted that the matter had been resolved within the meaning of Article 37 § 1 (b) of the Convention and that the further examination of the case was no longer justified. Hence the Government requested for the case to be struck out of the list of cases. THE LAW 7. In the light of the submissions made by the parties (see paragraphs 5 and 6 above), the Court considers that the matter which had been reserved in the principal judgment 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 its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine . 8. Accordingly, the remainder of the application should be struck out of the list. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to strike the remainder of the application out of its list of cases; Done in English, and notified in writing on 29 June 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Hasan Bakırcı Carlo Ranzoni Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII