Segal & Ors v Romania - 32927/96 [2010] ECHR 1865 (15 September 2010)

Segal & Ors v Romania - 32927/96 [2010] ECHR 1865 (15 September 2010)

The European Court awarded just satisfaction for pecuniary and non-pecuniary damages where quantifiable, and found that legislative and procedural reforms by Romania, including the repeal of Articles 330 and 330¹ of the Code of Civil Procedure, were sufficient general measures. No further individual measures were required beyond payment of just satisfaction.

Citation
[2010] ECHR 1865
Parties
Applicant: Segal; Applicant: Igna and Igna (Valea); Applicant: Cornif; Applicant: Colceru; Applicant: SC Editura Orizonturi SRL; Applicant: Puşcaş; Applicant: SC Parmalat Spa and SC Parmalat Romania SA; Applicant: Rada; Applicant: Enescu and SC Editura Orizonturi SRL; Applicant: Prodan; Applicant: Pop Valer; Applicant: S.C. Sefer S.A.; Applicant: S.C. Aledani SRL; Respondent State: Romania
Jurisdiction
European Union
Judgment Date
15 September 2010
Procedural Posture
European Court of Human Rights Just Satisfaction and General Measures / Post Judgment Supervision by Committee of Ministers
Outcome
Just satisfaction awarded; no further individual measures required; general measures deemed sufficient; Romania found in compliance with Article 46(1) of the Convention.
Legal Topics
Quashing of Final Decisions, Just Satisfaction, Restitution, Non Pecuniary Damages, Pecuniary Damages, Extraordinary Appeal, Repeal of Procedural Provisions
Human Rights Law Civil Procedure Quashing of Final Decisions Just Satisfaction Restitution Non Pecuniary Damages Pecuniary Damages Extraordinary Appeal +1 more

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Parties

Segal

Applicant

Igna and Igna (Valea)

Applicant

Cornif

Applicant

Colceru

Applicant

SC Editura Orizonturi SRL

Applicant

Puşcaş

Applicant

SC Parmalat Spa and SC Parmalat Romania SA

Applicant

Rada

Applicant

Enescu and SC Editura Orizonturi SRL

Applicant

Prodan

Applicant

Pop Valer

Applicant

S.C. Sefer S.A.

Applicant

S.C. Aledani SRL

Applicant

Romania

Respondent State

Procedural Posture

European Court of Human Rights Just Satisfaction and General Measures / Post Judgment Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the applicants were entitled to just satisfaction for damages resulting from the quashing of final decisions
  2. 2 Whether further individual or general measures were required to comply with the European Court's judgments

Ratio Decidendi

The European Court awarded just satisfaction for pecuniary and non-pecuniary damages where quantifiable, and found that legislative and procedural reforms by Romania, including the repeal of Articles 330 and 330¹ of the Code of Civil Procedure, were sufficient general measures. No further individual measures were required beyond payment of just satisfaction.

Court Disposition

Just satisfaction awarded; no further individual measures required; general measures deemed sufficient; Romania found in compliance with Article 46(1) of the Convention.

Orders

  • Payment of just satisfaction to applicants as specified in each case.
  • No further individual measures required.