DUMITRU v. ROMANIA - 4710/04 - Chamber Judgment (French text) [2014] ECHR 568 (03 June 2014)

DUMITRU v. ROMANIA - 4710/04 - Chamber Judgment (French text) [2014] ECHR 568 (03 June 2014)

Restitution of the pond was achieved; claims for material damages (lost profits, facilities, land) were unsubstantiated and speculative; moral damages were justified due to procedural unfairness, disproportionate interference with expression, and delay in execution; legal costs were partially reimbursed based on...

Source-derived case information.

Citation
[2014] ECHR 568
Parties
Applicant: Gheorghe Ioan Dumitru; Applicant Heir: Delia Dumitru; Applicant Heir: Sorin-Gheorghe Dumitru; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Chamber Judgment on Satisfaction Équitable
Outcome
Partially allowed
Legal Topics
Article 6 § 1 Right to a Fair Trial, Article 10 Freedom of Expression, Article 1 of Protocol No. 1 Protection of Property, Satisfaction Équitable, Restitution of Property, Moral Damages, Legal Costs
Human Rights Civil Procedure Property Law Article 6 § 1 Right to a Fair Trial Article 10 Freedom of Expression Article 1 of Protocol No. 1 Protection of Property Satisfaction Équitable Restitution of Property +2 more

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Parties

Gheorghe Ioan Dumitru

Applicant

Delia Dumitru

Applicant Heir

Sorin-Gheorghe Dumitru

Applicant Heir

Government of Romania

Respondent

Procedural Posture

European Court of Human Rights Application / Chamber Judgment on Satisfaction Équitable

  1. 1 Whether the applicant's right to a fair trial was violated under Article 6 § 1
  2. 2 Whether the applicant's right to freedom of expression was violated under Article 10
  3. 3 Whether the non-execution of a domestic judgment ordering restitution of property violated Article 1 of Protocol No. 1

Ratio Decidendi

Restitution of the pond was achieved; claims for material damages (lost profits, facilities, land) were unsubstantiated and speculative; moral damages were justified due to procedural unfairness, disproportionate interference with expression, and delay in execution; legal costs were partially reimbursed based on reasonableness and supporting documents.

Court Disposition

Partially allowed

Orders

  • Romania must pay 10,000 EUR for moral damages to the heirs of the applicant within three months.
  • Romania must pay 1,500 EUR for legal costs to the heirs of the applicant within three months.