Failure to execute an irrevocable decision to recover assets
JUDGMENT
Pavlovici v. Republic of Moldava 30.01.2018 (no. 5711/03)
SUMMARY
Failure to enforce an irrevocable decision in favor of the applicant for the recovery of assets. Infringement of Article 6 § 1 (fair trial) and Article 1 of the First Protocol (protection of property) because the failure to enforce an irrevocable decision violates the right to a fair trial and the enjoyment of the applicant’s property.
PROVISIONS
Article 6 § 1
Article 1 of the First Additional Protocol
PRINCIPAL FACTS
The applicant, Vladimir Pavlovici, is a Moldovan national who was born in 1951 and lives in Chişinău.
The case concerned the failure to enforce a final judgment in his favour.
In 1940 the Soviet authorities deported the applicant’s grandparents and in 1946 nationalised the buildings belonging to them. Mr Pavlovici’s grandfather was rehabilitated posthumously in 1989. In March 1996 the applicant’s father, in his capacity as legal successor, applied to the courts for restitution of the properties. Mr Pavlovici continued with the proceedings following his father’s death.
On 18 June 2002 a final judgment was given ordering the restitution of the properties to the applicant. However, the Supreme Court of Justice allowed an appeal by the Prosecutor General and remitted the case to the first-instance court. On 24 December 2004 the court found in Mr Pavlovici’s favour. That judgment remains unenforced to date.
Relying on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property), the applicant alleged in particular that the failure to enforce the final judgment in his favour had infringed his right of access to a court and his right to the peaceful enjoyment of his possessions.
THE DECISION OF THE COURT
Violation of Article 6 § 1 (right of access to a court)
Violation of Article 1 of Protocol No. 1
Just satisfaction: The Court held that the question of the application of Article 41 (just satisfaction) of the Convention was not ready for decision and reserved it for examination at a later date(echrcaselaw.com editing).
