Savu against Romania - 19982/04 [2011] ECHR 2197 (2 December 2011)

The quashing of final court decisions in favour of the applicant by the Supreme Court, following an application for nullity by the Procurator General, constituted a violation of Article 6(1) (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property) of the Convention.

Citation: [2011] ECHR 2197
Parties: Applicant: Savu; Respondent: Romania
Jurisdiction: European Union
Judgment Date: 02 December 2011
Procedural Posture: Human Rights Application / Execution of Judgment
Outcome: case closed; execution of judgment completed
Legal Topics: Quashing of Final Judgments, Extraordinary Appeal, Right to a Fair Trial, Protection of Property

Human Rights Law Civil Procedure Quashing of Final Judgments Extraordinary Appeal Right to a Fair Trial Protection of Property

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Parties

Savu

Applicant

Romania

Respondent

Procedural Posture

Human Rights Application / Execution of Judgment

Legal Issues

1 Whether the quashing of final court decisions by the Supreme Court following an application for nullity by the Procurator General violated Article 6(1) and Article 1 of Protocol No. 1 of the Convention

Ratio Decidendi

Court Disposition

case closed; execution of judgment completed

Orders

Payment of just satisfaction to the applicant
Re-examination of the case by the High Court of Cassation and Justice, restoring the binding force of the original decisions in favour of the applicant