- The applicants and the applicant companies, referred to in the annex table, are Moldovan nationals or private companies registered in Moldova, except Partidul Popular Republican, which is a political party registered in Moldova. They lodged their applications between 10 May 2005 and 16 August 2010. The Moldovan Government (“the Government”) are represented by their Agent, Mr V. Grosu.
- All the applicants obtained final judgments in their favour. Enforcement warrants were issued. Some of these final judgments have not been enforced to date, either fully or in part, whereas others have been enforced with delay (see attached table).
- On 1 July 2011 a new law (Law No. 87) entered into force, instituting a remedy against the problem of non-enforcement of final domestic judgments and against the problem of unreasonable length of proceedings.
- On 29 September 2011 the Court informed the applicants of the new remedy, asking whether they intended to make use of it within the six month time-limit set by Law No. 87. The applicants’ attention was drawn to the fact that according to Article 35 § 1 of the Convention, the Court may only deal with a matter after all domestic remedies have been exhausted and that failure to observe the above rule could constitute a reason for declaring the applications inadmissible.
- The applicants informed the Court that they intended to make use of the new remedy. Some of them had already initiated proceedings in accordance with Law No. 87. They did not dispute the effectiveness of the new remedy.
- Relying on various provisions of the Convention (see attached table), the applicants complained that the State had failed to ensure the enforcement of the binding and enforceable judgments in their favour.
- The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.
- The Court further notes that in the present cases the applicants agreed to use the new remedy and that in some cases the proceedings initiated by them under Law No. 87 are still pending. They did not dispute the effectiveness of the new remedy. In this respect the Court recalls that in Balan v. Moldova ((dec.), no. 44746/08, 24 January 2012), it has held that the new remedy introduced by Law no. 87 was designed to address the issue of delayed enforcement of judgments and that it was not ineffective. It was also held that in spite of the fact that the new remedy only became available after the introduction of that application, the applicant was obliged to use it and that using it did not constitute and excessive burden for the applicant and for other applicants in a similar position.
- Having regard to its findings in Balan, cited above, and Manascurta v. Moldova ((dec.), no. 31856/07, 14 February 2012), the Court concludes that the applicants in the present cases were also required by Article 35 § 1 to avail themselves of the new domestic remedy by pursuing the domestic proceedings under Law No. 87. It notes, however, that such proceedings have not been yet completed by them.
- It follows that the present applications, in so far as they concern alleged violations of Articles 6 and 13 of the Convention and of Article 1 of Protocol No. 1 on account on non-enforcement of final judgments must be rejected pursuant to Article 35 §§ 1 and 4 of the Convention for non exhaustion of domestic remedies.
- The Court has examined the remainder of the applicants’ complaints as submitted by them (see attached table). However, in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention and its Protocols. It follows that the respective parts of the applications must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
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You are here: BAILII >> Databases >> European Court of Human Rights >> Elena GUDET v Moldova - 18472/05 [2012] ECHR 773 (10 April 2012) URL: http://www.bailii.org/eu/cases/ECHR/2012/773.html Cite as: [2012] ECHR 773 |
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THIRD SECTION
DECISION
Application no. 18472/05
Elena GUDEŢ against Moldova
and
23 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 April 2012 as a Committee composed of:
Alvina
Gyulumyan,
President,
Ineta
Ziemele,
Mihai
Poalelungi,
judges,
and Marialena Tsirli,
Deputy
Section Registrar,
Having regard to the above applications lodged between 10 May 2005 and 15 September 2010,
Having deliberated, decides as follows:
THE FACTS
THE LAW
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Marialena Tsirli Alvina Gyulumyan
Deputy Registrar President
ANNEX TABLE
|
No. |
Application no. and date of lodging |
Date of communication to the respondent Government |
Applicant’s details |
Final judgment |
Issue |
Communicated complaints |
Other complaints |
Date of the applicant’s letter concerning the new remedy |
|
1. |
18472/05, lodged on 10.05.2005 |
16.12.2008 |
Ms Elena GUDEŢ, born in 1936, deceased in 2006, represented by her daughter and successor, Ms Elena RAŞCO |
Chişinău Court of Appeal, 3.05.2006 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
1.11.2011 |
|
2. |
18763/05, lodged on 15.05.2005 |
20.01.2009 |
Ms Maria GOLBA, born in 1956 and living in Criuleni |
Supreme Court of Justice, 24.03.2004 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
7.11.2011 |
|
3. |
25110/05, lodged on 28.06.2005 |
22.01.2009 |
Mr Gheorghe CIOCAN, born in 1953 and living in Chişinău |
Court of Appeal of the Republic of Moldova, 26.03.2002 |
Belated enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
7.11.2011 |
|
4. |
36351/05, lodged on 29.08.2005 |
9.12.2008 |
Mr Ion JOSANU, born in 1954 and living in Cioresti |
Chişinău Court of Appeal, 20.07.2004 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
19.10.2011 |
|
5. |
859/06, lodged on 12.12.2005 |
30.11.2009 |
Mr Igor ŢURCANU, born in 1969 and living in Edineţ |
Supreme Court of Justice, 13.04.2005 |
Partial enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
29.09.2011 |
|
6. |
10831/06, lodged 23.02.2006 |
16.12.2008 |
Ms Vera ZBÎRNEA and Mr Nicolae CIOINA, born in 1959 and 1964 respectively and living in Chişinău |
Court of Appeal of the Republic of Moldova, 30.11.2000 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
Article 2 of the Convention |
Received by the Court on 15.11.2011 |
|
7. |
38638/06, lodged on 8.09.2006 |
16.12.2008 |
Mr Sergiu BALTA, born in 1967 and living in Chişinău |
Buiucani District Court, 4.09.2000 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
4.11.2011 |
|
8. |
39499/06, lodged on 14.09.2006 |
12.11.2008 |
Proiecttehservice SRL, private company registered in Moldova |
Economic Court of Appeal, 24.03.2004 and Economic Court of Appeal, 24.02.2004 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
4.11.2011 |
|
9. |
42436/06, lodged on 28.09.2006 |
27.01.2009 |
Coldin-DC, private company registered in Moldova |
Chişinău District Economic Court, 31.01.2003 |
Partial enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
14.10.2011 |
|
10. |
11003/07, lodged on 09.02.2007 |
09.12.2008 |
Mr Ion CERNICA, born in 1962 and living in Sărăţenii-Vechi |
Orhei District Court, 20.05.1998 |
Partial enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
Article 3 of the Convention |
27.10.2011 |
|
11. |
432/08, lodged on 26.12.2007 |
5.12.2008 |
Ms Svetlana ŞURAVSCHI and Ms Larisa SOLONARI, born in 1961 and 1960 respectively and living in Chişinău |
Supreme Court of Justice, 1.03.2006 |
Partial enforcement |
Articles 6, 13 and 14 of the Convention and 1 of Protocol No.1 |
n/a |
9.11.2011 |
|
12. |
755/08, lodged on 19.10.2007 |
6.05.2011 |
Auto-Mar SRL, private company registered in Moldova |
Supreme Court of Justice, 30.09.2004 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
Article 14 of the Convention |
9.11.2011 |
|
13. |
6928/08, lodged on 16.01.2008 |
20.01.2009 |
Ms Elena BORDENIUC, born in 1961 and living in Orhei |
Supreme Court of Justice, 4.07.2006 |
Partial enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
Received by the Court on 9.11.2011 |
|
14. |
28426/08, lodged on 5.06.2008 |
27.05.2011 |
Mr Grigore CIOBANU, born in 1942 and living in Căuşeni |
Chişinău Court of Appeal, 24.05.2006 Causeni District Court, 25.10.2006 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
19.10.2011 |
|
15. |
25686/09, lodged on 29.04.2009 |
6.05.2011 |
Mr Ion RARU, born on 1.11.1958, living in Andruşul de Jos |
Cahul District Court, 6.04.2004 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
Received by the Court on 8.12.2011 |
|
16. |
30861/09, lodged on 10.06.2009 |
6.05.2011 |
Subervin SRL, private company registered in Moldova |
Chişinău Economic District Court, 20.11.2008 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
2.11.2011 |
|
17. |
30862/09, lodged on 10.06.2009 |
6.05.2011 |
Pomul SRL, private company registered in Moldova |
Chişinău Economic District Court, 20.11.2008 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
2.11.2011 |
|
18. |
34177/09, lodged on 15.06.2009 |
6.05.2011 |
Mr Valeriu LEONDARI, born on 8.03.1970 and living in Edineţ |
Bălţi Court of Appeal, 1.12.2006 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
Received by the Court on 7.11.2011 |
|
19. |
34196/09, lodged on 17.06.2009 |
6.05.2011 |
Partidul Popular Republican, a political party registered in Moldova |
Economic Court of Appeal, 3.12.2004 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
16.12.2011 |
|
20. |
40912/09, lodged on 20.07.2009 |
6.05.2011 |
Drabant SRL, private company registered in Moldova |
Supreme Court of Justice, 23.07.2008 |
Non-enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
n/a |
2.11.2011 |
|
21. |
43501/09, lodged on 01.07.2009 |
14.03.2011 |
Ms Galina RUSU, born in 1969 and lives in Chişinău |
Chişinău Court of Appeal, 12.05.2009 |
Belated enforcement |
Articles 6 of the Convention and 1 of Protocol No.1 |
Article 14 of the Convention |
8.11.2011 |
|
22. |
20260/10, lodged on 22.03.2010 |
14.03.2011 |
Mr Victor GURĂU, date of birth unknown, living in Chişinău |
Supreme Court of Justice, 29.10.2008 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
2.11.2011 |
|
23. |
49294/10, lodged on 16.08.2010 |
14.03.2011 |
Ms Tatiana LOGACIOV, born in 1972 and living in Vadul lui Vodă |
Chişinău Regional Court, 13.11.2002 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
12.10.2011 |
|
24. |
56395/10, lodged on 15.09.2010 |
14.03.2011 |
Rodea-Lux SRL, private company registered in Moldova |
Supreme Court of Justice, 10.12.2008 |
Non-enforcement |
Articles 6 and 13 of the Convention and 1 of Protocol No.1 |
n/a |
10.11.2011 |