PREDA AND OTHERS v. ROMANIA - 9584/02 - Chamber Judgment (French Text) [2014] ECHR 457 (29 April 2014)

PREDA AND OTHERS v. ROMANIA - 9584/02 - Chamber Judgment (French Text) [2014] ECHR 457 (29 April 2014)

The Court held that, in light of the legislative overhaul by Law No. 165/2013, which introduced new remedies, deadlines, and mechanisms for restitution and compensation, the applicants are required to exhaust these domestic remedies before applying to the Court. The new law is not manifestly ineffective on its face,...

Source-derived case information.

Citation
[2014] ECHR 457
Parties
Applicant: Victoria Preda et autres (14 ressortissants roumains, voir annexe); Respondent: Gouvernement roumain
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (joined Applications) / Judgment After Written Observations and Pilot Judgment Suspension
Outcome
Applications declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Restitution of Property, Compensation for Expropriation, Right to Peaceful Enjoyment of Possessions, Effectiveness of Remedies, Non Execution of Judgments
Human Rights Law Property Law Administrative Law Restitution of Property Compensation for Expropriation Right to Peaceful Enjoyment of Possessions Effectiveness of Remedies Non Execution of Judgments

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Parties

Victoria Preda et autres (14 ressortissants roumains, voir annexe)

Applicant

Gouvernement roumain

Respondent

Procedural Posture

Chamber Judgment (joined Applications) / Judgment After Written Observations and Pilot Judgment Suspension

  1. 1 Whether the Romanian restitution and compensation mechanism for property nationalized under communism is effective under Article 1 of Protocol No. 1 ECHR
  2. 2 Whether the applicants must exhaust new domestic remedies under Law No. 165/2013
  3. 3 Whether delays and non-enforcement violate the right to property

Ratio Decidendi

The Court held that, in light of the legislative overhaul by Law No. 165/2013, which introduced new remedies, deadlines, and mechanisms for restitution and compensation, the applicants are required to exhaust these domestic remedies before applying to the Court. The new law is not manifestly ineffective on its face, and the applicants' arguments about potential future delays or ineffectiveness are speculative at this stage. Therefore, the applications are inadmissible for non-exhaustion of domestic remedies.

Court Disposition

Applications declared inadmissible for non-exhaustion of domestic remedies.

Orders

  • Applicants must pursue remedies under Law No. 165/2013 before returning to the Court.