STAN v. ROMANIA - 24362/11 52339/12 - Chamber Judgment (French Text) [2015] ECHR 630 (30 June 2015)

STAN v. ROMANIA - 24362/11 52339/12 - Chamber Judgment (French Text) [2015] ECHR 630 (30 June 2015)

The Court found that the authorities' failure to execute the final domestic judgment in favor of the applicant constituted a violation of Article 6 of the Convention. The Court also held that the applicant was deprived of the effective use of her property without following the legal expropriation procedure or...

Source-derived case information.

Citation
[2015] ECHR 630
Parties
Applicant: Rozalia Stan; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (joined Applications) / Final Judgment
Outcome
Applications joined; violations found; partial satisfaction awarded.
Legal Topics
Right to a Fair Trial, Right to Property, Non Execution of Judgments, Expropriation Procedures, Satisfaction Équitable
Human Rights Law Property Law Administrative Law Right to a Fair Trial Right to Property Non Execution of Judgments Expropriation Procedures Satisfaction Équitable

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Parties

Rozalia Stan

Applicant

Government of Romania

Respondent

Procedural Posture

Chamber Judgment (joined Applications) / Final Judgment

  1. 1 Whether the non-execution of the domestic judgment violated Article 6 of the Convention (right to a fair trial)
  2. 2 Whether the applicant suffered a de facto expropriation in violation of Article 1 of Protocol No. 1 (right to property)

Ratio Decidendi

The Court found that the authorities' failure to execute the final domestic judgment in favor of the applicant constituted a violation of Article 6 of the Convention. The Court also held that the applicant was deprived of the effective use of her property without following the legal expropriation procedure or providing adequate compensation, violating Article 1 of Protocol No. 1.

Court Disposition

Applications joined; violations found; partial satisfaction awarded.

Orders

  • The State must execute the domestic judgment of 28 June 2005.
  • The State must pay the applicant 3,600 EUR for all damages within three months.