ROMANENCO v. THE REPUBLIC OF MOLDOVA - 59252/13 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [ [2019] ECHR 278 (09 April 2019)

ROMANENCO v. THE REPUBLIC OF MOLDOVA - 59252/13 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [ [2019] ECHR 278 (09 April 2019)

The Supreme Court of Justice failed to address the applicants' essential arguments and relevant internal jurisprudence, resulting in a lack of sufficient reasoning and a violation of the applicants' right to a fair trial under Article 6 § 1 ECHR.

Source-derived case information.

Citation
[2019] ECHR 278
Parties
Applicant: Vladimir Romanenco; Applicant: Maria Romanenco; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded
Legal Topics
Right to a Fair Trial, Motivation of Judicial Decisions, Mortgage Law, Contract Law
Human Rights Law Civil Procedure Right to a Fair Trial Motivation of Judicial Decisions Mortgage Law Contract Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vladimir Romanenco

Applicant

Maria Romanenco

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the Supreme Court of Justice violated Article 6 § 1 ECHR by insufficiently motivating its decision and disregarding established internal jurisprudence

Ratio Decidendi

The Supreme Court of Justice failed to address the applicants' essential arguments and relevant internal jurisprudence, resulting in a lack of sufficient reasoning and a violation of the applicants' right to a fair trial under Article 6 § 1 ECHR.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded

Orders

  • The respondent State must pay jointly to the applicants 3,600 EUR for non-pecuniary damage within three months.
  • The respondent State must pay jointly to the applicants 1,315 EUR for costs and expenses within three months.