Hammermayer, Smoleanu and Popovici and Dumitrescu v Romania - 35671/97 [2011] ECHR 610 (10 March 2011)

Hammermayer, Smoleanu and Popovici and Dumitrescu v Romania - 35671/97 [2011] ECHR 610 (10 March 2011)

The Court accepted the friendly settlements as they were based on respect for human rights and struck the cases out of its list, subject to the government fulfilling its undertakings to pay compensation and return property.

Citation
[2011] ECHR 610
Parties
Applicants: Lindner and Hammermayer; Applicant: Smoleanu; Applicants: Popovici and Dumitrescu; Respondent State: Romania
Jurisdiction
European Union
Judgment Date
10 March 2011
Procedural Posture
European Court of Human Rights Application / Execution of Friendly Settlement Judgments
Outcome
Cases struck out following friendly settlements; execution of undertakings confirmed; examination closed.
Legal Topics
Right of Access to a Court, Right to Respect for Possessions, Annulment of Final Judicial Decisions, Friendly Settlement, Execution of Judgments
Human Rights Law Property Law Right of Access to a Court Right to Respect for Possessions Annulment of Final Judicial Decisions Friendly Settlement Execution of Judgments

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Parties

Lindner and Hammermayer

Applicants

Smoleanu

Applicant

Popovici and Dumitrescu

Applicants

Romania

Respondent State

Procedural Posture

European Court of Human Rights Application / Execution of Friendly Settlement Judgments

Legal Issues

  1. 1 Whether annulment by courts of appeal of final judicial decisions violated applicants' right of access to a court under Article 6(1)
  2. 2 Whether annulment without justification and compensation violated applicants' right to respect for possessions under Article 1 of Protocol No. 1

Ratio Decidendi

The Court accepted the friendly settlements as they were based on respect for human rights and struck the cases out of its list, subject to the government fulfilling its undertakings to pay compensation and return property.

Court Disposition

Cases struck out following friendly settlements; execution of undertakings confirmed; examination closed.

Orders

  • Romanian government to pay agreed sums to applicants within three months of notification of judgments.
  • Romanian government to implement domestic decisions returning property to applicants.