Vera CERNETCHI v Moldova - 18675/04 [2009] ECHR 808 (5 May 2009)

The Court found the friendly settlement voluntary and based on respect for human rights, with no grounds for continued examination of the application.

Citation: [2009] ECHR 808
Parties: Applicant: Vera Cernetchi; Respondent: Moldovan Government
Jurisdiction: European Union
Judgment Date: 05 May 2009
Procedural Posture: Application to European Court of Human Rights / Friendly Settlement and Strike Out Decision
Outcome: Application struck out of the list of cases due to friendly settlement.
Legal Topics: Delayed Enforcement of Judgment, Pension Rights, Compensation for Non Pecuniary Damage

Human Rights Administrative Law Social Security Law Delayed Enforcement of Judgment Pension Rights Compensation for Non Pecuniary Damage

Case Brief

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Parties

Vera Cernetchi

Applicant

Moldovan Government

Respondent

Procedural Posture

Application to European Court of Human Rights / Friendly Settlement and Strike Out Decision

Legal Issues

1 Whether delayed enforcement of a final judgment violated Article 6 § 1 and Article 1 of Protocol No. 1 of the Convention
2 Whether delayed enforcement infringed rights under Articles 8 and 14 of the Convention

Ratio Decidendi

The Court found the friendly settlement voluntary and based on respect for human rights, with no grounds for continued examination of the application.

Court Disposition

Application struck out of the list of cases due to friendly settlement.

Orders

Government to pay applicant EUR 300 in pecuniary damage, EUR 1,100 in non-pecuniary damage, and EUR 800 for costs and expenses within three months from strike-out decision.