CASE OF ANA IONESCU AND OTHERS v. ROMANIA

FOURTH SECTION

CASE OF ANA IONESCU AND OTHERS v. ROMANIA

(Applications nos. 19788/03 and 18 others)

JUDGMENT
(Revision[1])

Art 41 • Just satisfaction • Revision • Awards made to deceased applicant to be paid to his heir

STRASBOURG

3 March 2020

FINAL

03/07/2020

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Ana Ionescu and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Ganna Yudkivska, President,
Paulo Pinto de Albuquerque,
Krzysztof Wojtyczek,
Carlo Ranzoni,
Georges Ravarani,
Marko Bošnjak,
Péter Paczolay, judges,
and Andrea Tamietti, Section Registrar,

Having deliberated in private on 11 February 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in nineteen applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), mostly by Romanian nationals on the various dates indicated in the appended table.

2. In a judgment delivered on 26 February 2019, the Court held that there had been a violation of Article 1 of Protocol No. 1 to the Convention on account of the applicants’ inability to recover possession of their properties despite final court decisions retroactively acknowledging their property rights. The Court also decided to award the applicants in application no. 36384/03 (Albu and Others v. Romania – see point 4 of the appended table), 43,200 euros (EUR) in respect of pecuniary damage and EUR 5,000 in respect of non-pecuniary damage and for costs and expenses, and dismissed the remainder of their claims for just satisfaction.

3. On 30 September 2019 the Government informed the Court that on 21 August 2019 they had learned that Mr Petru Nicolae Albu had died on 1 November 2018. They accordingly requested revision of the judgment in accordance with Rule 80 of the Rules of Court.

4. On 22 October 2019 the Court considered the request for revision and decided to give the applicants three weeks in which to submit any observations. Observations were received from Mr Albu’s heir, Ms Emma Albu, on 21 November 2019.

THE LAW

1. REQUEST FOR REVISION

2. The Government requested revision of the judgment of 26 February 2019, which they had been unable to execute because Mr Petru Nicolae Albu had died before the judgment had been adopted.

3. On 21 November 2019 Mrs Emma Albu submitted a certificate attesting to her status as the deceased applicant’s heir and a statement in which she expressed her wish to continue the proceedings in his stead. She asked to be granted the just satisfaction awarded by the Court in respect of her late husband, Mr Petru Nicolae Albu.

4. The Court notes from the documents submitted to it that Mrs Emma Albu was the wife of the deceased applicant, Petru Nicolae Albu, and that she is his only heir.

5. In the light of the foregoing, the Court considers that Mrs Emma Albu has standing to pursue the application in her deceased husband’s stead. It observes that she has expressed her intention to do so and requested that the judgment be revised.

6. The Court considers that the judgment of 26 February 2019, as rectified on 13 June 2019, should be revised (see, for example, Wypukoł‑Piętka v. Poland (revision), no. 3441/02, 8 June 2010, Dzhabrailovy v. Russia (revision), no. 68860/10 and 4 others, 4 February 2016, and Cangöz and Others v. Turkey (revision), no. 7469/06, 19 September 2017), pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:

“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment.

...”

10. The Court accordingly decides to award jointly the heir (Mrs Emma Albu) and the remaining applicants (Mrs Daniela Şandru, Mr Traian Petru Mihăilă and Mrs Ileana Viorica Oancea – see point 4 of the appended table) the amount it previously awarded to the applicants in application no. 36384/03, namely EUR 43,200 in respect of pecuniary damage and EUR 5,000 in respect of non-pecuniary damage and for costs and expenses (see paragraph 2 above).

11. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to revise its judgment of 26 February 2019 insofar as it concerns the claims made under Article 41 of the Convention by the late applicant Mr Petru Nicolae Albu,

and accordingly,

2. Holds

(a) that the respondent State is to pay jointly Mrs Emma Albu and the remaining applicants in application no. 36384/03 (Mrs Daniela Şandru, Mr Traian Petru Mihăilă and Mrs Ileana Viorica Oancea), within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the amounts indicated in the appended table under point 4 in respect of pecuniary damage, non-pecuniary damage and costs and expenses, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable;

(b) that from the expiry of the above-mentioned three months until settlement, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points.

Done in English, and notified in writing on 3 March 2020, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Andrea Tamietti Ganna Yudkivska
Registrar President

Appendix

List of 19 applications

No.| Application no. and
date of introduction| Applicant’s
namenationalitydate of birthplace of residence | Represented by| Identification of property| Domestic decision acknowledging the
applicants’ title to property| Domestic decision confirming the validity of the third parties’ title to property| Amounts awarded
A) pecuniary and
non-pecuniary damage B) costs and expenses in euros (EUR)
---|---|---|---|---|---|---|---

| 19788/0323/05/2003| Ana IONESCURomanianb: 27/10/1917d: 28/11/2012 pursued by heirAdrian IANCUGerman and Italian14/02/1954Rome | Cesare Massimo BIANCA| Apartment no. 9 and the non-returned portion of the land of 1,183 sq m located at 16, Unirii Street, Arad| Final judgment of
10 September 2001 of the Timișoara Court of Appeal| Final judgment of
10 September 2001 of the Timișoara Court of Appeal Final judgment of
21 November 2002 of the Timișoara Court of Appeal (apartment no. 9)| 207,500(202,500+5,000) 2,700

| 29240/0328/08/2003| Rodica TĂNASERomanian20/03/1947Deva | | 112.20 sq m of the ground floor of a building located at 6, Iuliu Maniu Street (Libertății Street), Deva| Final judgment of
18 March 2003 of the Timișoara Court of Appeal| Final judgment of
18 March 2003 of the Timișoara Court of Appeal| 61,900(56,900 + 5,000) _

| 29286/0308/08/2003| Sandu BARTRomanian26/04/1930Iașiproceeding in his own name and in his capacity as heir of applicant Ana Bart Ana BARTRomanianb: 06/10/1906d: 18/10/2004 | | House and land of 1,050 sq m located at 39, Calea Națională, Ripiceni| Final judgment of 9 July 2002 of the Suceava Court of Appeal| Final judgment of 9 July 2002 of the Suceava Court of Appeal| 13, 570(8,570+5,000) _

| 36384/0306/08/2003| Petru Nicolae ALBURomanianb:15/10/1939d: 01/11/2018 Pursued by heirEmma ALBU9/01/1955Sibiu Mariana Silvia ALBU
Romanianb: 15/10/1939d: 03/02/2006 pursued by heirDaniela ȘANDRUUS national19/07/1960Miami Traian Petru MIHĂILĂRomanian02/10/1940Devaproceeding in his own name and in his capacity as heir of the deceased applicant
Sanda Zoe Mihăilă Ileana Viorica OANCEARomanian20/03/1934Bucharestproceeding in her own name and in her capacity as heir of the deceased applicant Sanda Zoe Mihăilă Sanda Zoe MIHĂILĂRomanianb: 12/04/1937d: 08/01/2004 | | Apartment no. 3 located at 3, Oituz Street, Sibiu| Final judgment of
3 February 1999 of the Alba Iulia Court of Appeal| Final judgment of
11 October 2002 of the Alba Iulia Court of Appeal | 48,200(43,200 + 5,000) _

| 37487/0303/10/2003| Nicolae VENIAMINFrench, Romanian08/04/1946Boulogne Lascăr VENIAMINFrench, Romanian08/04/1946Paris | Adrian VASILIU| Buildings and land of 2,337.4 sq m located at 10, Oituz Street (formerly 6, Oituz Street), Bacău| Final judgment of
10 April 2003 the Supreme Court of Justice | Final judgment of
10 April 2003 the Supreme Court of Justice | 574,521(569,521+5,000) _

| 1195/0426/11/2003| Marta BERLINGRomanian19/07/1935Cluj | Mikolt Krisztina KAPCZA| Apartment no. 12-13 (774/2/S/XII, 774/2/S/XIII) located at 34, Republicii Street, Turda| Final judgment of
11 March 1998 of the Turda Court| Final judgment of
3 June 2003 of the Brașov Court of Appeal| 77,000(72,000 + 5,000) 3,300

| 2676/0424/11/2003| Ștefan NUŢĂRomanian28/05/1946Palaja | Nicoleta Tatiana POPESCU| Apartment no. 37, 63 sq m, bl. D/3, located at 18, Târgu Neamț Street, Bucharest, Sector 6| Final judgment of
16 September 1994 of the Court of Bucharest – Sector 6| Final judgment of
2 June 2003 of the Bucharest Court of Appeal| 74,300(69,300 + 5,000) 299.43

| 7174/0402/12/2003| Silvia ALEVRAFrench18/09/1940Paris Eugenia ALEVRARomanian26/09/1959Bucharest Ioana ALEVRARomanian01/03/1982Bucharest Constantin ALEVRAFrenchb:18/01/1926d: 28/12/2004 pursued by heirGeorge Aurel ALEVRARomanian25/01/1957Torrance | | House 232 sq m and land of 1,400 sq m located at 208, Nicolae Bălcescu Street (202, Nicolae Bălcescu Street / 178, Calea Domnească), Târgoviște| Final judgment of
14 November 2001 of the Supreme Court of Justice| Final judgment of 10 June 2003 of the Ploiești Court of Appeal| 257,000(252,000 + 5,000) 1,800

| 8647/0413/01/2004| Irinel Maria BĂJENARURomanian04/03/1976Oradea Gabriela RUSURomanian14/11/1948Oradea Ioana POENARURomanian04/03/1976Bucharest | Gabriela RUSU| Building and land of 1,726 sq m located at 10, Vânatori Street, Borsec; 2 annexes to a building and land of 737 sq m, located at 210, Calea Domnească, Galați| Final judgment of
15 October 2003 the Galați Court of Appeal Decision of 15 July 2005 of the Mayor of Galați| Final judgment of
15 October 2003 the Galați Court of Appeal| 111,970(106,970 +5,000) 2,275

| 20106/0429/03/2004| Maria-Magdalena SURURomanian30/09/1931Bucharest | Georgeta ANDREI TSAKIRI| House with appurtenant land located at 15, Iacob Negruzzi Street, Bucharest, Sector 1| Final judgment of
1 October 2003 of the Bucharest Court of Appeal| Final judgment of
1 October 2003 of the Bucharest Court of Appeal| _ _

| 21121/0417/03/2004| Roxana Issabela Lya GHIAȚĂRomanian09/01/1936Madrid| Mirela CHELARU| Apartment with appurtenant land, 2nd floor, 141 sq m, located at 22, Atena Street (formerly Aleea Zoe), Bucharest, Sector 1 | Final judgment of 6 May 1999 of the Bucharest Tribunal| Final judgment of
21 October 2003 of the Bucharest Court of Appeal| 126,500(121,500+5,000) _

| 33435/0413/12/2003| Mihai Sorin RĂDULESCURomanian04/01/1946Bucharest Radu Florin RĂDULESCURomanian10/09/1947Bucharest | Mihai Sorin RĂDULESCU| Immovable property located at 61, Dr. Lister Street, Bucharest (apartments nos. 1 and 3, with appurtenant garage and land of 226.55 sq m)| Final judgment of
13 March 2001 of the Bucharest Court of Appeal| Final judgment of
16 December 2003 of the Supreme Court of Justice| 653,773(648,773+5,000) _

| 13354/0523/03/2005| Eva Margaresta CURTICEANRomanianb:11/04/1936d:30/11/2006 pursued by heirSonia CURTICEANRomanian27/03/1958Arad| | Apartment no. 4 (134 sq m) and apartment no. 5 (84 sq m), located at 5A, Filimon Sârbu Street (6, Catedralei Street), Arad| Final judgment of 8 October 1998 of the Arad Court| Final judgment of
1 October 2004 of the Timișoara Court of Appeal (apartment no. 5 – formerly no. 6) Final judgment of
25 January 2005 of the Timișoara Court of Appeal (apartment no. 4)| 161,749(156,749 + 5,000) _

| 15652/0521/04/2005| Doina Eugenia VARNARomanian22/06/1927Cluj-Napoca | Diana Alexandra ANDRAȘONI| Apartment no. 13b located at 4, Horea Street, Cluj- Napoca| Final judgment of
29 October 2004 of the Cluj Court of Appeal| Final judgment of
29 October 2004 of the Cluj Court of Appeal| 39,000(34,000 + 5,000) 2,175

| 6947/0720/12/2006| Jenica GURANRomanianb: 01/02/1926d: 10/09/2010 pursued by heirs: 1) Dumitru Dan GURANRomanian04/10/1956Bucharest 2) Cristian Mihail GURANRomanian08/11/1951Bucharest Aurelia IONESCURomanian23/07/1933Bucharest | Dumitru Dan GURAN| Apartments nos. 4 and 5 located at 224, Șerban Vodă Street, Bucharest, Sector 4| Final judgment of 5 July 2006 of the Bucharest Court of Appeal| Final judgment of 5 July 2006 of the Bucharest Court of Appeal| 90,000(85,000 + 5,000) _

| 12838/0721/02/2007| Michael EHRMANNGerman15/11/1963Töging am Inn Iohann ERHMANNGerman22/01/1962Töging am Inn | Cezariana Ileana BOGOS| House and land of 824 sq m located at 126, Victoriei Street, Valea Lungă (CF 777/b Valea Lungă, nr. topo. 272, 273)| Judgment of 3 October 2006 of the Alba Iulia Court of Appeal acknowledging right to compensation| Final judgment of
October 2006 of the Alba Iulia Court of Appeal| _ _

| 35547/0714/08/2007| Nicolae SIMIZEANURomanianb: 11/07/1940d: 26/04/2008 pursued by heirs 1) Simona Maria CIOBANURomanian25/04/1968Techirghiol 2) Nina Vivance Gabriela SIMIZEANURomanianb: 17/08/1946d: 02/06/2016 3) Radu Marius SIMIZEANURomanian28/10/1969Techirghiol | | Apartment and annex located at 83, Ion Lahovari Street, Constanța| Final judgment of
26 February 2007 of the High Court of Cassation and Justice| Final judgment of
26 February 2007 of the High Court of Cassation and Justice| 83,000(78,000 + 5,000) 2,150

| 45689/0717/07/2007| Șerban Vlad BĂRCĂNESCURomanian06/07/1949Bucharest | | Apartment no. 2 located at 83, Tunari Street, Bucharest, Sector 2| Final judgment of
13 May 1998 of the Court of Bucharest - Sector 2| Final judgment of
5 March 2007 of the Bucharest Court of Appeal| 50,000(45,000 + 5,000) 1,950

| 50994/0820/10/2008 | Marin MOISERomanian22/11/1951Bucharest | | Apartment no. 15 located at 5, Lutherană Street, Bucharest, Sector 1| Final judgment of
26 May 2008 of the Bucharest Court of Appeal| Final judgment of
26 May 2008 of the Bucharest Court of Appeal| 85,000(80,000 + 5,000) _

[1]. Revision of the judgment of 26 February 2019