MOLCEANU AND OTHERS v. THE REPUBLIC OF MOLDOVA - 429/13 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 160 (14 February 2023)

MOLCEANU AND OTHERS v. THE REPUBLIC OF MOLDOVA - 429/13 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 160 (14 February 2023)

The Court found that, except for one application (35524/13), the remedies provided by Moldovan law were insufficient or ineffective, as compensation was inadequate and/or the violations persisted. The State remains responsible for non-execution of judgments by public authorities or delegated entities. There was a...

Source-derived case information.

Citation
[2023] ECHR 160
Parties
Applicants: Petru Molceanu and others; Applicant: Natalia Axenova; Applicant: Association ‘Lăstăraş’ (A. O. Lăstăraş); Applicants: Svetlana Suravscaia and Larisa Solonari; Applicant: MVS-AGROINDVEST S. R. L.; Applicant: Alexandru Chiciuc; Applicants: Eugenia Cotun (continued by Alexandru Cotun) and others; Applicant: Andrei Condratiuc; Applicants: Elena Furculita and others; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Human Rights Application (echr) / Judgment (second Section Committee)
Outcome
Applications 429/13, 1994/13, 14342/13, 17014/13, 30416/13, 21282/14, 25987/14, and 32156/14 declared admissible and found violations; application 35524/13 declared inadmissible.
Legal Topics
Right to a Fair Trial, Non Execution of Judgments, State Liability, Effective Remedy, Property Rights
Human Rights Law Civil Procedure Right to a Fair Trial Non Execution of Judgments State Liability Effective Remedy Property Rights

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Parties

Petru Molceanu and others

Applicants

Natalia Axenova

Applicant

Association ‘Lăstăraş’ (A. O. Lăstăraş)

Applicant

Svetlana Suravscaia and Larisa Solonari

Applicants

MVS-AGROINDVEST S. R. L.

Applicant

Alexandru Chiciuc

Applicant

Eugenia Cotun (continued by Alexandru Cotun) and others

Applicants

Andrei Condratiuc

Applicant

Elena Furculita and others

Applicants

Republic of Moldova

Respondent

Procedural Posture

Human Rights Application (echr) / Judgment (second Section Committee)

  1. 1 Whether the non-execution within a reasonable time of final domestic judgments in favor of the applicants by public debtors constitutes a violation of Article 6 of the Convention and Article 1 of Protocol No. 1.
  2. 2 Whether the remedies provided under Moldovan law (Law No. 87/2011) were effective and sufficient to redress the violations.
  3. 3 Whether there was a violation of Article 13 (right to an effective remedy) in conjunction with Article 6.

Ratio Decidendi

The Court found that, except for one application (35524/13), the remedies provided by Moldovan law were insufficient or ineffective, as compensation was inadequate and/or the violations persisted. The State remains responsible for non-execution of judgments by public authorities or delegated entities. There was a violation of Article 6 §1 and Article 1 of Protocol No. 1 for the remaining applications. The Court rejected the Article 13 claims as unnecessary to examine separately given the findings under Article 6 and Protocol No. 1.

Court Disposition

Applications 429/13, 1994/13, 14342/13, 17014/13, 30416/13, 21282/14, 25987/14, and 32156/14 declared admissible and found violations; application 35524/13 declared inadmissible.

Orders

  • State must pay specified sums for non-pecuniary damage and costs within three months, with interest for late payment.
  • State must execute outstanding domestic judgments without delay for certain applicants.