BARBU v. ROMANIA - 1159/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2016] ECHR 522 (14 June 2016)

BARBU v. ROMANIA - 1159/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2016] ECHR 522 (14 June 2016)

The Court found that the civil proceedings had lasted an unreasonable length of time, with repeated remittals and delays not fully justified by the complexity of the case or the applicant's conduct, amounting to a violation of Article 6 § 1. The Court did not find it necessary to examine the Article 8 complaint...

Source-derived case information.

Citation
[2016] ECHR 522
Parties
Applicant: Gabriela Barbu; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 6 § 1 (reasonable time); no separate examination of Article 8; partial award of just satisfaction.
Legal Topics
Right to a Fair Trial, Reasonable Time for Proceedings, Private and Family Life, Damages for Personal Injury
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time for Proceedings Private and Family Life Damages for Personal Injury

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Parties

Gabriela Barbu

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the duration of the civil proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether the authorities' passivity violated Article 8 of the Convention

Ratio Decidendi

The Court found that the civil proceedings had lasted an unreasonable length of time, with repeated remittals and delays not fully justified by the complexity of the case or the applicant's conduct, amounting to a violation of Article 6 § 1. The Court did not find it necessary to examine the Article 8 complaint separately as it overlapped with the Article 6 issue.

Court Disposition

Violation of Article 6 § 1 (reasonable time); no separate examination of Article 8; partial award of just satisfaction.

Orders

  • The respondent State must pay the applicant 1,200 EUR for non-pecuniary damage within three months, convertible into national currency at the rate applicable at the date of settlement, plus any tax chargeable.
  • From the expiry of the three-month period until payment, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.