PAVLOVICI v. THE REPUBLIC OF MOLDOVA - 5711/03 (Judgment : Article 6 - Right to a fair trial : Second Section) French Text [2018] ECHR 114 (30 January 2018)

PAVLOVICI v. THE REPUBLIC OF MOLDOVA - 5711/03 (Judgment : Article 6 - Right to a fair trial : Second Section) French Text [2018] ECHR 114 (30 January 2018)

The Court found that the applicant could no longer claim to be a victim regarding the annulment of the 18 June 2002 judgment, as the violation was acknowledged and compensated by national courts. However, the continued non-execution of the final judgment of 24 December 2004 constituted a violation of Article 6 § 1...

Source-derived case information.

Citation
[2018] ECHR 114
Parties
Applicant: Vladimir Pavlovici; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits (second Section, Echr)
Outcome
Violation found; application partly admissible and partly inadmissible; Article 41 reserved.
Legal Topics
Right to a Fair Trial, Execution of Judgments, Property Rights, Legal Certainty
Human Rights Law Civil Procedure Right to a Fair Trial Execution of Judgments Property Rights Legal Certainty

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Parties

Vladimir Pavlovici

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits (second Section, Echr)

  1. 1 Whether the annulment of a final judgment in favour of the applicant violated Article 6 § 1 ECHR (right to a fair trial)
  2. 2 Whether the non-execution of the final judgment of 24 December 2004 violated Article 6 § 1 ECHR and Article 1 of Protocol No. 1 (protection of property)

Ratio Decidendi

The Court found that the applicant could no longer claim to be a victim regarding the annulment of the 18 June 2002 judgment, as the violation was acknowledged and compensated by national courts. However, the continued non-execution of the final judgment of 24 December 2004 constituted a violation of Article 6 § 1 and Article 1 of Protocol No. 1, as the applicant was still deprived of his property and the judgment remained unenforced.

Court Disposition

Violation found; application partly admissible and partly inadmissible; Article 41 reserved.

Orders

  • Rejects the Government's request to strike the case out of the list.
  • Declares the application admissible as to the complaints under Article 6 § 1 and Article 1 of Protocol No. 1, inadmissible as to the remainder.