![\"INTRODUCTION\"](\"https:\/\/laweuro.com\/wp-content\/uploads\/2021\/10\/INTRODUCTION.jpg\")
. The cases concern the inability of the applicants to recover possession of their properties which had been unlawfully nationalised under the former communist regime and had been sold by the State to third parties.<\/p>\n. The cases concern the inability of the applicants to recover possession of their properties which had been unlawfully nationalised under the former communist regime and had been sold by the State to third parties.<\/p>\n
FOURTH SECTION
\nCASE OF KONYA AND OTHERS v. ROMANIA
\n(Applications nos. 37087\/03 and 24 others)
\nJUDGMENT
\nSTRASBOURG
\n17 November 2020<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Konya and Others v. Romania,<\/strong><\/p>\n The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n Branko Lubarda, President, Having regard to:<\/p>\n the applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table below;<\/p>\n the decision to give notice of the applications to the Romanian Government (\u201cthe Government\u201d);<\/p>\n the parties\u2019 observations;<\/p>\n Having deliberated in private on 20 October 2020,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n 1. The cases concern the inability of the applicants to recover possession of their properties which had been unlawfully nationalised under the former communist regime and had been sold by the State to third parties.<\/p>\n THE FACTS<\/strong><\/p>\n 2. The list of the applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 3. The Government were represented by their Agent, most recently, Ms\u00a0O.F. Ezer of the Ministry of Foreign Affairs.<\/p>\n 4. The facts of the case, as submitted by the parties, may be summarised as follows.<\/p>\n 5. The factual and legal circumstances set out in the current applications are similar to those pertaining to the applicants in the case of Str\u0103in and Others v. Romania (no. 57001\/00, \u00a7\u00a7 5-18, ECHR 2005-VII), to the applicants Ms and Mr Rodan in the case of Preda and Others v. Romania (nos.\u00a09584\/02 and 7 others, \u00a7\u00a7 35-41, 29 April 2014) and to the applicants in the case of Ana Ionescu and Others v. Romania (19788\/03, \u00a7\u00a7 6-7, 26\u00a0February 2019).<\/p>\n 6. In short, the applicants obtained final court decisions finding that the nationalisation by the former communist regime of their properties had been unlawful and that they had never ceased to be the legitimate owners of those properties. Despite the fact that their title deeds were not disputed, the applicants were not able to recover possession of their properties, as the latter had either already been sold or were sold by the State to third parties. The applicants did not receive compensation for those properties.<\/p>\n RELEVANT LEGAL FRAMEWORK AND PRACTICE<\/strong><\/p>\n 7. The relevant background domestic law and practice in relation to acknowledged unlawfully nationalised properties sold by the State to third parties have been summarised in the Court\u2019s judgments in the cases of Brum\u0103rescu v. Romania [GC] (no. 28342\/95, \u00a7\u00a7 34-35, ECHR 1999-VII); Str\u0103in and Others (cited above, \u00a7\u00a7 19-23); Maria Atanasiu and Others v.\u00a0Romania (nos. 30767\/05 and 33800\/06, \u00a7\u00a7 44 et seq., 12 October 2010); Preda and Others (cited above, \u00a7\u00a7 68-74); and Dickmann and Gion v.\u00a0Romania (nos. 10346\/03 and 10893\/04, \u00a7\u00a7 52-58, 24 October 2017).<\/p>\n THE LAW<\/strong><\/p>\n I. PRELIMINARY REMARKS<\/p>\n A. Application no. 26485\/07<\/strong><\/p>\n 8. The Government have contested that the complaint raised by the applicant under Article 1 of Protocol No. 1 to the Convention had concerned the entire immovable property located at no. 9 Ion Neculce street, Arad. They argued that sales contract no. 2220\/1997 on which the applicant\u2019s complaint was based concerned only part of this property.<\/p>\n 9. The Court notes that, even assuming that the applicant\u2019s complaint to the Court concerned only the property mentioned in the aforementioned contract, the judgment of the national courts which had examined and dismissed the applicant\u2019s action seeking to have the impugned contract set aside had not established that the contract had not concerned the entire property in dispute. Moreover, none of the parties have submitted a copy of the aforementioned contract to the case-file.<\/p>\n 10. Therefore, the Court cannot accept that the applicant\u2019s complaint to the Court concerned only part of the property in dispute.<\/p>\n 11. In the light of the above, the Court is of the opinion that the Government\u2019s preliminary argument must be dismissed.<\/p>\n B. Application no. 8548\/08<\/strong><\/p>\n 12. The Government asked the Court in their submissions to take note of the fact that according to the relevant court judgment acknowledging the applicant\u2019s property rights to the property in dispute he was not the sole owner of the property.<\/p>\n 13. The Court notes that in his application to the Court the applicant stated that the disputed property belonged to him and three other siblings. His submissions seemed to suggest that he had intended to lodge the application to the Court both on his and his siblings\u2019 behalf. However, he had not submitted a power of attorney authorising him to act on the other siblings\u2019 behalf and none of the latter had signed the application to the Court themselves.<\/p>\n 14. The Court notes further that the domestic proceedings concerning the property in dispute were initiated by the applicant and all of his siblings and that the relevant judgment of the national courts concerned all of them. Also, it does not appear from the evidence available in the case file that the applicant has become in the meantime the property\u2019s sole owner.<\/p>\n 15. In these circumstances, the Court finds it established that the applicant is a mere co-owner of the disputed property, and that he has introduced the application only in his own name and not on behalf of his three siblings.<\/p>\n II. JOINDER OF THE APPLICATIONS<\/p>\n 16. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n III. LOCUS STANDI<\/p>\n 17. The heirs of some of the applicants informed the Court of those applicants\u2019 deaths and, as their close relatives, expressed the intention to pursue the application in their stead. The Government did not object to this. Having regard to the close family ties and the heirs\u2019 legitimate interest in pursuing the applications, the Court accepts that the deceased applicants\u2019 heirs may pursue the applications in their stead (see Janowiec and Others v.\u00a0Russia [GC], nos. 55508\/07 and 29520\/09, \u00a7 101, ECHR 2013, and Preda and Others v. Romania, nos. 9584\/02 and 7 Others, \u00a7 75, 29 April 2014). It will therefore continue to deal with these applications at the heirs\u2019 request (see the appended table for details).<\/p>\n IV. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1 TO THE CONVENTION<\/p>\n 18. The applicants complained that their inability to recover possession of their unlawfully nationalised properties or to secure compensation, despite court decisions acknowledging their property rights, amounted to a breach of their right to the peaceful enjoyment of their possessions under Article\u00a01 of Protocol No. 1 to the Convention, which reads as follows:<\/p>\n \u201cEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.<\/p>\n The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.\u201d<\/p>\n A. Admissibility<\/strong><\/p>\n 1. Abuse of the right of application<\/em><\/p>\n 19. The Government argued that the applicant in application no. 6084\/14 had abused her right of application by failing to inform the Court of important developments concerning her case. In particular, she had failed to disclose to the Court that by a final judgment of 24 October 2018 the Bucharest Court of Appeal had ordered the Bucharest mayor\u2019s office to issue an administrative decision acknowledging the applicant\u2019s right to compensation for the property in dispute.<\/p>\n 20. The applicant argued that the above-mentioned court judgment had not changed the circumstances of her case because the authorities had still neither returned her property to her nor had they actually paid her any compensation for it.<\/p>\n 21. The Court notes that the Government have not argued and in any event they have not submitted any evidence suggesting that following the domestic judgment indicated by them the applicant had recovered her property in kind or had actually obtained any financial compensation for it. Thus, the information at issue did not concern any core aspect of the case (see, for the relevant principles, Gross v. Switzerland [GC], no. 67810\/10, \u00a7\u00a028, ECHR 2014).<\/p>\n 22. In these circumstances the Court cannot agree with the Government that the applicant\u2019s failure to inform the Court about the impugned judgment amounted to an abuse of her right of application.<\/p>\n 23. The Government\u2019s objection in this regard must therefore be rejected.<\/p>\n 2. Failure to exhaust available remedies\/lack of possession<\/em><\/p>\n 24. The Government submitted that the applicants had failed to exhaust the available domestic remedies and\/or that they could not claim to have a possession within the meaning of Article 1 of Protocol No. 1 to the Convention, their complaints being therefore incompatible ratione\u00a0materiae.<\/p>\n 25. The applicants contested these arguments and also submitted that the compensation mechanism put in place by the domestic legislation was not effective.<\/p>\n 26. The Court reiterates that it has already considered at length and rejected the same objections concerning the alleged inapplicability of Article\u00a01 of Protocol No. 1 to the Convention to situations identical to those in the current case (see Str\u0103in and Others, cited above, \u00a7\u00a7 30, 31 and 38).<\/p>\n 27. It has further considered and repeatedly rejected the Government\u2019s submissions as to the alleged effectiveness of various court proceedings as well as of the restitution laws, including Law no. 10\/2001 and Law no.\u00a0165\/2013, in cases where there are concurrent valid title deeds (see Popescu et Da\u015foveanu v. Romania, no. 24681\/03, \u00a7\u00a7 26-29, 19 July 2007; Mihai and Radu R\u0103dulescu v. Romania, no 14884\/03, \u00a7 18, 20 October 2009; Str\u0103in and Others, cited above, \u00a7\u00a7 54-56; Preda and Others, cited above, \u00a7\u00a7\u00a0133 and 141; Dickmann and Gion, cited above, \u00a7\u00a7\u00a072 and 78; and Ana Ionescu and Others, cited above, \u00a7\u00a023).<\/p>\n 28. It finds that in the instant case the Government have not put forward any new fact or argument capable of persuading it to reach a different conclusion as to the admissibility of these complaints. The Government\u2019s objections in this regard must therefore be rejected.<\/p>\n 29. The Court further notes that these complaints are not manifestly ill\u2011founded within the meaning of Article 35 \u00a7 3 (a) of the Convention, nor are they inadmissible on any other grounds. They must therefore be declared admissible.<\/p>\n B. Merits<\/strong><\/p>\n 30. The applicants argued that the inability to date to recover possession of their properties or to receive compensation if recovery of possession were not to be possible was in breach of their right to the peaceful enjoyment of their possessions.<\/p>\n 31. The Government reiterated their objection to admissibility and submitted that the applicants should have pursued the procedures set out in the restitution laws, including Law no. 165\/2013.<\/p>\n 32. The Court notes that, just like the applicants in the case of Str\u0103in and Others, cited above, and also like Ms and Mr Rodan in the case of Preda and Others, cited above, the applicants in the present case had obtained final\u00a0decisions acknowledging with retroactive effect the unlawfulness of the seizure of their property by the State and their legitimate ownership over those properties. These decisions have not been challenged or quashed to date. The applicants have not been able, to date, either to recover possession of the properties mentioned in the appended table or to obtain compensation for this deprivation.<\/p>\n 33. The Court reiterates that in the case of Preda and Others it found that the applicants\u2019 inability to recover possession of their properties despite final court decisions retroactively acknowledging their property rights constituted a deprivation of their possessions within the meaning of the second sentence of the first paragraph of Article 1 of Protocol No. 1 and that such a deprivation, combined with a total lack of compensation, imposed on the applicants a disproportionate and excessive burden in breach of their right to the peaceful enjoyment of possessions as guaranteed by Article 1 of Protocol No.\u00a01 (see Preda and Others, cited above, \u00a7\u00a7 146, 148-49).<\/p>\n It reiterated its above findings in the similar case of Dickmann and Gion (cited above, \u00a7\u00a7 103-04) and in the more recent case of Ana Ionescu and Others (cited above, \u00a7\u00a7 23, 28-30).<\/p>\n The Court further finds that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case.<\/p>\n 34. The foregoing considerations are sufficient to enable the Court to conclude that there has been a breach of Article 1 of Protocol No. 1 to the Convention.<\/p>\n V. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION<\/p>\n 35. The applicants in applications nos. 12118\/06 and 3104\/07 complained about a breach of their right of access to court due to their impossibility to enforce final judgments, respectively, acknowledging Mr\u00a0Toma\u2019s property rights to the property in dispute or ordering the relevant administrative authorities to issue a decision compensating Ms\u00a0\u015etef\u0103nescu for the property in dispute (judgment of 17 December 2008 of the Bucharest County Court). They relied on Article 6 of the Convention, which, in so far as relevant, reads as follows:<\/p>\n \u201c1. In the determination of his civil rights and obligations …, everyone is entitled to a fair … hearing … by [a] … tribunal …<\/p>\n …\u201d<\/p>\n 36. The Court notes that the applicants\u2019 complaint is closely connected to their complaint under Article 1 of Protocol No. 1 to the Convention. Having regard to its findings above (see paragraphs 32-34), the Court considers that it is not necessary to examine their complaint (see, Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v. Romania [GC], no.\u00a047848\/08, \u00a7 156, ECHR 2014, and Rasidescu v. Romania, no. 39761\/03, \u00a7\u00a7\u00a031-35, 15\u00a0September 2009, with further references).<\/p>\n VI. REMAINING COMPLAINTS<\/p>\n 37. The applicant in application no. 12118\/06 raised also other complaints under Article 6 of the Convention. The applicant in application no.\u00a03104\/07 raised a further complaint under Article 1 of Protocol No.\u00a01 concerning the remaining part of the immovable property located at no.\u00a015 Paleologu street, District no. 3, Bucharest. In addition, the applicants in applications nos. 8011\/04, 15658\/05, 41890\/06, 32269\/07, 48157\/07, 8548\/08, 27215\/08, and 60788\/08 raised various complaints under Article\u00a06 of the Convention, whereas the applicants in applications nos.\u00a015658\/05 and 8548\/08 also raised a complaint under Article 13 of the Convention.<\/p>\n 38. The Court has carefully examined all these complaints. 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 or its Protocols.<\/p>\n 39. It follows that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 \u00a7\u00a7 3 (a) and 4 of the Convention.<\/p>\n VII. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 40. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n 41. The applicants submitted claims for just satisfaction on various dates between 2004 and 2019. At the Court\u2019s request, some of the older claims have been updated between 2015 and 2019.<\/p>\n 42. The Government made comments in reply to the applicants\u2019 original and updated claims for just satisfaction.<\/p>\n 43. In support of their claims and submissions in respect of pecuniary damage some of the applicants and the Government in some of the cases submitted one or more of the following:<\/p>\n (a) expert reports prepared by registered experts, either at the Ministry of Justice or members of the National Association of Valuers (ANEVAR), which is an association recognised by the Romanian Government as an association of public interest. The expert reports estimated the market value of the claimed properties after visiting them (applicants\u2019 experts), using criteria defined by Government Emergency Ordinance no. 9\/2008, which fixes the rent for State properties, the standards and recommendations determined by the National Association of Valuers (ANEVAR), and the International Valuation Standards (IVS). The Government\u2019s experts did not visit the properties.<\/p>\n (b) administrative decisions pursuant to Law no. 165\/2013 awarding compensation calculated according to the criteria established by the said\u00a0Law or estimated values calculated by the competent administrative bodies (see section 41 of Law no. 165\/2013, Preda and Others, cited above, \u00a7\u00a070).<\/p>\n (c) copies of sale contracts indicating the price per square metre for neighbouring properties.<\/p>\n A. Pecuniary damage<\/strong><\/p>\n 44. As the Court has held on a number of occasions, a judgment in which the Court finds a breach imposes on the respondent State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore as far as possible the situation existing before the breach (see Iatridis v. Greece (just satisfaction) [GC], no.\u00a031107\/96 \u00a7 32, ECHR 2000-XI, and Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858\/00, \u00a7\u00a090, 22 December 2009).<\/p>\n 45. The Court considers, in the circumstances of the case, that the return of the properties in issue would put the applicants as far as possible in a situation equivalent to the one in which they would have been if there had not been a breach of Article 1 of Protocol No. 1.<\/p>\n 46. Failing such restitution by the respondent State, the Court holds that the respondent State is to pay the applicants, in respect of pecuniary damage, an amount corresponding to the current value of their properties, as requested (see Preda and Others, cited above, \u00a7 163).<\/p>\n 47. As regards the amount of money claimed in respect of loss of profit or benefit from the applicants\u2019 possessions, the Court rejects this claim. To award a sum of money on this basis would be a speculative process, given that profit derived from possession of property depends on several factors (see Buzatu v. Romania (just satisfaction), no. 34642\/97, \u00a7\u00a018, 27\u00a0January 2005, and Preda and Others, cited above, \u00a7 164).<\/p>\n 48. The Court notes the disparity between some of the applicants\u2019 estimates of the value of their properties and those advanced by the Government.<\/p>\n Having regard to the information at its disposal concerning real estate prices on the local market, including the documents submitted by the parties, and to its established case-law in respect of similar cases (see Maria Atanasiu and Others, cited above, \u00a7 253; Preda and Others, cited above, \u00a7\u00a0164; and Dickmann and Gion, cited above, \u00a7\u00a7 113-18), the Court considers it reasonable and equitable, as required by Article 41, to award the applicants the amounts indicated in the appended table in respect of pecuniary damage.<\/p>\n B. Non-pecuniary damage<\/strong><\/p>\n 49. In so far as the applicants have claimed non-pecuniary damages, the Court considers that the serious interference with the applicants\u2019 right to the peaceful enjoyment of their possessions cannot be adequately compensated for by the simple finding of a violation of Article 1 of Protocol No.\u00a01. Making an assessment on an equitable basis, as required by Article\u00a041 of the Convention, the Court awards the applicants the amounts indicated in the appended table in respect of non-pecuniary damage.<\/p>\n 50. As concerns the applicants who have not claimed non-pecuniary damages, the Court finds no reason to award them any sum on that account (see appended table).<\/p>\n C. Costs and expenses<\/strong><\/p>\n 51. Some applicants have either not submitted any claims for costs and expenses or have failed to substantiate them. Accordingly, the Court finds no reason to award them any sum on that account (see appended table).<\/p>\n 52. As concerns the claims submitted by the remaining applicants, regard being had to the documents in its possession and to its case-law, the Court considers it reasonable to award the sums indicated in the appended table covering costs under all heads.<\/p>\n D. Default interest<\/strong><\/p>\n 53. 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Holds that the heirs of the applicants who have expressed the wish to pursue the proceeding in place of the late applicants have standing to do so (see appendix);<\/p>\n 2. Decides to join the applications;<\/p>\n 3. Declares the complaints concerning Article 1 of Protocol No. 1 to the Convention, apart from the complaint mentioned in paragraph 37 of the present judgment, admissible and the remainder of the applications, apart from the complaints mentioned in paragraph 35 of the present judgment, inadmissible;<\/p>\n 4. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention;<\/p>\n 5. Holds that there is no need to examine the admissibility and merits of the complaints under Article 6 of the Convention mentioned in paragraph 35 of the present judgment;<\/p>\n 6. Holds<\/p>\n (a) that the respondent State is to return to the applicants their properties within three months;<\/p>\n (b) that, failing such restitution, the respondent State is to pay the applicants, within the same three months, the amounts indicated in the appended table, plus any tax that may be chargeable, in respect of pecuniary damage;<\/p>\n (c) that, in any event, the respondent State is to pay the applicants, within the same three months, the amounts indicated in the appended table, plus any tax that may be chargeable to the applicants, in respect of non-pecuniary damage and costs and expenses;<\/p>\n (d) that the aforementioned amounts shall be converted, into the national currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (e) 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;<\/p>\n 7. Dismisses the remainder of the applicants\u2019 claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 17 November 2020, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Ilse Freiwirth\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Branko Lubarda <\/p>\n Appendix<\/strong><\/p>\n List of cases<\/strong><\/p>\n nationality<\/strong><\/p>\n date of birth<\/strong><\/p>\n place of residence<\/strong><\/td>\n A. pecuniary and non-pecuniary damage<\/strong><\/p>\n B. costs and expenses\/application<\/strong><\/p>\n in euros (EUR)<\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 09\/09\/2003<\/td>\n German<\/p>\n b: 1953<\/p>\n Br\u00fchl<\/p>\n <\/p>\n Agnes-Lotte SCHREPLER-KONYA<\/strong><\/p>\n German<\/p>\n b: 1953<\/p>\n Br\u00fchl<\/td>\n <\/td>\n <\/p>\n B. 2,000, jointly<\/td>\n<\/tr>\n 02\/02\/2004<\/td>\n German<\/p>\n b: 1926<\/p>\n Ebersbach<\/td>\n <\/p>\n B. –<\/td>\n<\/tr>\n 01\/06\/2004<\/td>\n Romanian<\/p>\n b: 1930<\/p>\n Bucharest<\/p>\n <\/p>\n Alexandru-Mihai GHIOCEL<\/strong><\/p>\n Romanian<\/p>\n b: 1968<\/p>\n Bucharest<\/p>\n <\/p>\n Elena-Tereza DOTTI<\/strong><\/p>\n Romanian<\/p>\n b: 1951<\/p>\n Bucharest<\/td>\n <\/p>\n <\/td>\n <\/p>\n B. –<\/td>\n<\/tr>\n 30\/04\/2004<\/td>\n Romanian\/German<\/p>\n b: 1927<\/p>\n d: 2004<\/p>\n <\/p>\n pursued by heirs:<\/p>\n 1.\u00a0Rodica-Maria BRODY<\/strong><\/p>\n German<\/p>\n b: 1940<\/p>\n Bonn<\/p>\n 2.\u00a0Cornelius BRODY<\/strong><\/p>\n German<\/p>\n b: 1963<\/p>\n Frankfurt am Main<\/p>\n 3\u00a0Bella-Maria BRODY<\/strong><\/p>\n German<\/p>\n b: 1971<\/p>\n K\u00f6ln<\/p>\n 4.\u00a0Christina-Georgeta BRODY<\/strong><\/p>\n German<\/p>\n b: 1976<\/p>\n Bonn<\/td>\n Supreme Court of Justice<\/td>\n B. –<\/td>\n<\/tr>\n 25\/04\/2005<\/td>\n Romanian<\/p>\n b: 1947<\/p>\n Bucharest<\/p>\n <\/p>\n C<\/strong>\u0103<\/strong>t\u0103lin VOROBCHIEVICI<\/strong><\/p>\n Romanian<\/p>\n b: 1989<\/p>\n Bucharest<\/td>\n <\/p>\n B. EUR 1,428, jointly<\/td>\n<\/tr>\n 01\/07\/2005<\/td>\n Romanian<\/p>\n b: 1954<\/p>\n Craiova<\/p>\n <\/p>\n Gabriela DRICU<\/strong><\/p>\n Romanian<\/p>\n b: 1951<\/p>\n Bucharest<\/td>\n B. –<\/td>\n<\/tr>\n 11\/03\/2006<\/td>\n German<\/p>\n b: 1927<\/p>\n Bad Nauheim<\/td>\n B. EUR 5,331<\/td>\n<\/tr>\n 26\/04\/2006<\/td>\n German<\/p>\n b: 1931<\/p>\n Heilbronn<\/p>\n \u00a0<\/strong><\/p>\n Theodora EHRET<\/strong><\/p>\n German<\/p>\n b: 1940<\/p>\n Heilbronn<\/td>\n <\/p>\n 24 October 2016 Constan\u021ba Court of Appeal<\/td>\n B. –<\/td>\n<\/tr>\n 23\/05\/2006<\/td>\n French<\/p>\n b: 1938<\/p>\n Montrouge<\/td>\n <\/p>\n 04 July 2013 Bucharest Court of Appeal<\/td>\n B. EUR 5,000<\/td>\n<\/tr>\n 16\/08\/2006<\/td>\n Romanian<\/p>\n b: 1939<\/p>\n Craiova\u00a0<\/strong><\/td>\n B. EUR 2,300<\/td>\n<\/tr>\n 09\/01\/2007<\/td>\n Romanian \/ French<\/p>\n b: 1937<\/p>\n Royan<\/td>\n B. EUR 4,773<\/td>\n<\/tr>\n 05\/03\/2007<\/td>\n German<\/p>\n B: 1948<\/p>\n Waldkraiburg<\/td>\n B. EUR 4,200<\/td>\n<\/tr>\n 22\/05\/2007<\/td>\n Romanian \/ German<\/p>\n b: 1955<\/p>\n Engelskirchen<\/td>\n B. –<\/td>\n<\/tr>\n 23\/07\/2007<\/td>\n Romanian<\/p>\n b: 1927<\/p>\n Bucharest<\/p>\n \u00a0<\/strong><\/p>\n Maria PITICESCU<\/strong><\/p>\n Romanian<\/p>\n b: 1923<\/p>\n Bucharest\u00a0<\/strong><\/td>\n B. –<\/td>\n<\/tr>\n 27\/09\/2007<\/td>\n Romanian \/ German<\/p>\n b: 1940<\/p>\n Ried Eisemannsberg<\/p>\n <\/p>\n [Eugen] Hans Gustav Paul [Ioan] ZINK<\/strong><\/p>\n Romanian \/ German<\/p>\n b: 1938<\/p>\n M\u00fcnchen<\/td>\n B. –<\/td>\n<\/tr>\n 12\/10\/2007<\/td>\n Romanian<\/p>\n b: 1942<\/p>\n Ploie\u015fti<\/td>\n B. EUR 5,000<\/td>\n<\/tr>\n 19\/02\/2008<\/td>\n Romanian \/ Swedish<\/p>\n b: 1948<\/p>\n Visby<\/td>\n taking into account that the applicant is one of four co\u2011owners.<\/p>\n B. –<\/td>\n<\/tr>\n 19\/12\/2007<\/td>\n Romanian<\/p>\n b: 1958<\/p>\n Bucharest<\/td>\n B. 1,000<\/td>\n<\/tr>\n 30\/04\/2008<\/td>\n Romanian<\/p>\n b: 1942<\/p>\n Le Chesnay<\/p>\n <\/p>\n Lucian ILIE<\/strong><\/p>\n Romanian<\/p>\n B: 1939<\/p>\n Le Chesnay\u00a0<\/strong><\/td>\n B. EUR 1,651, jointly<\/td>\n<\/tr>\n 05\/12\/2008<\/td>\n Romanian<\/p>\n b: 1946<\/p>\n d: 2015<\/p>\n <\/p>\n Monica B<\/strong>\u0102<\/strong>LTEANU<\/strong><\/p>\n Romanian<\/p>\n b: 1952<\/p>\n Bucharest<\/p>\n <\/p>\n pursued by heir:<\/p>\n Cristian IUNCU<\/strong><\/p>\n Romanian<\/p>\n b: 1976<\/p>\n Bucharest<\/td>\n <\/p>\n 29 May 2006 Bucharest Court of Appeal<\/td>\n B. EUR 200, jointly<\/td>\n<\/tr>\n 23\/10\/2008<\/td>\n Romanian<\/p>\n b: 1942<\/p>\n Ploie\u015fti<\/td>\n B. EUR 1,000<\/td>\n<\/tr>\n 16\/06\/200<\/td>\n Romanian<\/p>\n b: 1954<\/p>\n d: 2019<\/p>\n <\/p>\n pursued by heir:<\/p>\n Georgeta CAPE<\/strong>\u0162<\/strong>AN- BACSKAI<\/strong><\/p>\n Romanian<\/p>\n 1954<\/p>\n Lugoj<\/td>\n B. EUR 500<\/td>\n<\/tr>\n 13\/09\/2010<\/td>\n Romanian<\/p>\n b: 1946<\/p>\n d: 2014<\/p>\n <\/p>\n pursued by heirs:<\/p>\n 1.Florin SCARLAT<\/strong><\/p>\n Romanian<\/p>\n b: 1956<\/p>\n Bucharest<\/p>\n 2.Dumitra TAMA<\/strong>
\nCarlo Ranzoni,
\nP\u00e9ter Paczolay, judges,
\nand Ilse Freiwirth, Deputy Section Registrar,<\/p>\n<\/p>\n
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n\n\n
\n
\n<\/strong>No.<\/strong><\/td>\nApplication no. and date of introduction<\/strong><\/td>\n Applicant\u2019s name<\/strong><\/p>\n Represented by<\/strong><\/td>\n Identification of property<\/strong><\/td>\n Domestic decision acknowledging the applicants\u2019 title to property<\/strong><\/td>\n Domestic decision confirming the validity of the third parties\u2019 title to property<\/strong><\/td>\n Amounts proposed for<\/strong><\/p>\n \n 1<\/strong><\/td>\n 37087\/03<\/p>\n Arpad-Ernest KONYA<\/strong><\/p>\n <\/td>\n Apartment no.\u00a036, Transilvania street no. 1, Baia Mare<\/p>\n 16 April 2003 Cluj Court of Appeal<\/td>\n 16 April 2003 Cluj Court of Appeal<\/td>\n A. EUR 73,000 (68,000 + 5,000), jointly<\/p>\n \n 2<\/strong><\/td>\n 8011\/04<\/p>\n Gheorghe BARBU<\/strong><\/p>\n Bernd FABRITIUS<\/td>\n Immovable property (house and 131 parts\/173 of land sold to third parties), Gr\u0103dinilor street no. 4, Bistri\u021ba-N\u0103s\u0103ud<\/td>\n 29 September 2003 Cluj Court of Appeal<\/td>\n 29 September 2003 Cluj Court of Appeal<\/td>\n A. EUR 70,000 for pecuniary damage alone<\/p>\n \n 3<\/strong><\/td>\n 25788\/04<\/p>\n Corneliu MEDE\u0218AN<\/strong><\/p>\n Drago\u015f UNGUREAN<\/td>\n Apartment no. 1, floor 1, Vlad Jude\u021bul street no. 41, District no. 3, Bucharest<\/p>\n 14 May 1997 Bucharest District Court<\/td>\n 02 December 2003 Bucharest Court of Appeal<\/td>\n A. EUR 50,000 (45,000 + 5,000), jointly<\/p>\n \n 4<\/strong><\/td>\n 28731\/04<\/p>\n Gavril BRODY<\/strong><\/p>\n Oana Marilena RESTE\u015eAN<\/td>\n Apartment no. 11, Ion Ra\u021biu street nos. 10\u201112, Cluj\u2011Napoca<\/td>\n 16 March 2001<\/p>\n 7 November 2003 High Court of Cassation and Justice<\/td>\n A. EUR 85,000 (80,000 + 5,000) jointly<\/p>\n \n 5<\/strong><\/td>\n 15658\/05<\/p>\n Victor VOROBCHIEVICI<\/strong><\/p>\n Simona Cristina CARANDA<\/td>\n Ground floor apartment, Prof. Nifon B\u0103l\u0103\u015fescu street no. 5, District no. 2, Bucharest<\/td>\n 04 November 2004 Bucharest Court of Appeal<\/td>\n 04 November 2004 Bucharest Court of Appeal<\/td>\n A. EUR 65,000 (60,000 + 5,000), jointly<\/p>\n \n 6<\/strong><\/td>\n 28188\/05<\/p>\n Dana Georgeta CHIFU<\/strong><\/p>\n <\/td>\n 3 apartments, P\u0103ltini\u015f street no. 11, Craiova<\/td>\n 25 January 2005 Craiova Court of Appeal<\/td>\n 29 October 2004, 25 January and 03 February 2005 Craiova Court of Appeal<\/td>\n A. EUR 208,000 (203,000 + 5,000), jointly<\/p>\n \n 7<\/strong><\/td>\n 12118\/06<\/p>\n Viorica Georgina ROGOZ (b. HUBER)<\/strong><\/p>\n Johanna HUBER<\/td>\n Apartment no.1 on the ground floor, Intrarea Anda C\u0103lug\u0103reanu street no. 1, District no. 1, Bucharest<\/td>\n 31 March 2004 High Court of Cassation and Justice<\/td>\n 12 September 2005 Bucharest Court of Appeal<\/td>\n A. EUR 265,000 (260,000 + 5,000)<\/p>\n \n 8<\/strong><\/td>\n 19672\/06<\/p>\n Gregor EHRET<\/strong><\/p>\n <\/td>\n Apartment no. 82, first floor, 1 December 1918 Blv. no. 35, building L20, entrance C, Constan\u021ba<\/td>\n 16 February 2006 Constan\u021ba Court of Appeal<\/p>\n 16 February 2006 Constan\u021ba Court of Appeal<\/td>\n A. EUR 57,000 (52,000 + 5,000), jointly<\/p>\n \n 9<\/strong><\/td>\n 22917\/06<\/p>\n Andr\u00e9 Henri RISMONT<\/strong><\/p>\n Lucia CHERECHE\u015e<\/td>\n Apartments nos.1 and 2 (respectively, ground and first floor), Popa Tatu street no. 18, District no. 1, Bucharest<\/td>\n 06 December 2005 Bucharest Court of Appeal<\/p>\n 06 December 2005 Bucharest Court of Appeal<\/td>\n A. EUR 270,000 (266,000 + 4,000)<\/p>\n \n 10<\/strong><\/td>\n 41890\/06<\/p>\n Mihail-Dan TOMA<\/strong><\/p>\n <\/td>\n Apartment no. 2 on the first floor, Sp\u0103tarului street no. 29, District no. 2, Bucharest and 1\/5 of the 218 m2 <\/sup>of the appurtenant land<\/td>\n 16 November 2001 Supreme Court of Justice<\/td>\n 09 January 2006 (available on 16 February 2006) Bucharest Court of Appeal<\/td>\n A. EUR 101,159 (96,159 + 5,000)<\/p>\n \n 11<\/strong><\/td>\n 3104\/07<\/p>\n Nad<\/strong>\u00e8<\/strong>ge <\/strong>\u015e<\/strong>TEF<\/strong>\u0102<\/strong>NESCU<\/strong><\/p>\n Arnaud FRIEDERICH<\/td>\n Apartments nos. 1-5 in the apartment building, Paleologu street no. 15, District no. 3, Bucharest<\/td>\n 07 May 1998 Bucharest District Court<\/td>\n –<\/td>\n A. EUR 605,000 (600,000 + 5,000)<\/p>\n \n 12<\/strong><\/td>\n 15507\/07<\/p>\n Otilia O<\/strong>\u0162<\/strong>ELEA<\/strong><\/p>\n Veronica B\u0102RBAT<\/td>\n Apartment no.\u00a028, Cpt. Dobril\u0103 Eugeniu street no. 5, building N, entrance. B, Constan\u021ba<\/td>\n 13 November 2006 Constan\u021ba County Court<\/td>\n 13 November 2006 Constan\u021ba County Court<\/td>\n A. EUR 70,680 (65,680 + 5,000)<\/p>\n \n 13<\/strong><\/td>\n 26485\/07<\/p>\n Tabita BORA<\/strong><\/p>\n <\/td>\n House and 586 m2<\/sup> of land, Ion Neculce street no. 9, Arad<\/td>\n 07 December 2006 Timi\u015foara Court of Appeal<\/td>\n 07 December 2006 Timi\u015foara Court of Appeal<\/td>\n A. EUR 105,000 (100,000 + 5,000)<\/p>\n \n 14<\/strong><\/td>\n 32269\/07<\/p>\n Steliana-Aurora IONESCU<\/strong><\/p>\n Sergiu Florin RO\u015eCA<\/td>\n Apartment no. 1 ground floor, Av. S\u0103n\u0103tescu street no. 31, District no. 1, Bucharest<\/td>\n 22 January 2007 (available on 26 January 2007) Bucharest Court of Appeal<\/td>\n 22 January 2007 Bucharest Court of Appeal<\/td>\n A. EUR 70,000 for pecuniary damage, jointly.<\/p>\n \n 15<\/strong><\/td>\n 44956\/07<\/p>\n Alexandru Georg [Mihail] Michael Albert ZINK<\/strong><\/p>\n Diana Stelu\u021ba NERE<\/td>\n Apartment no.\u00a01, Rahmaninov street no. 15, District no. 2, Bucharest<\/td>\n 28 March 2007 Bucharest Court of Appeal<\/td>\n 28 March 2007 Bucharest Court of Appeal<\/td>\n A. EUR 185,000, for pecuniary damage, jointly<\/p>\n \n 16<\/strong><\/td>\n 48157\/07<\/p>\n Romulus BARDELLI<\/strong><\/p>\n Otilia-Monalisa STOICA<\/td>\n Apartment no. 5, Braziliei street no. 9, District no. 1, Bucharest.<\/td>\n 12 March 1998 Bucharest District Court<\/td>\n 12 April 2007 Bucharest Court of Appeal<\/td>\n A. EUR 105,000 (100.000 + 5,000)<\/p>\n \n 17<\/strong><\/td>\n 8548\/08<\/p>\n Andr<\/strong>\u00e9<\/strong> Paul Konstantin LAHOVARY<\/strong><\/p>\n <\/td>\n Co-owner of immovable property Nicolae Iorga street nos. 58-60 (currently Dacia Boulevard no. 24), District no. 1, Bucharest<\/td>\n 14 May 2007 Bucharest Court of Appeal<\/td>\n 14 May 2007 Bucharest Court of Appeal<\/td>\n A. EUR 230,000 (225,000 + 5,000)<\/p>\n \n 18<\/strong><\/td>\n 19581\/08<\/p>\n Dan Andrei PETRA<\/strong>\u015e<\/strong>CU<\/strong><\/p>\n Nicoleta-Tatiana Popescu<\/td>\n Ground floor apartment C\u0103derea Bastiliei street no. 1, District no. 1, Bucharest<\/td>\n 04 July 2007 Bucharest Court of Appeal<\/td>\n 04 July 2007 Bucharest Court of Appeal<\/td>\n A. EUR 75,000 (70,000 + 5,000)<\/p>\n \n 19<\/strong><\/td>\n 27215\/08<\/p>\n Lumini<\/strong>\u021b<\/strong>a Gabriela ILIE<\/strong><\/p>\n Radu Cristian VOLOAG\u0102<\/td>\n Apartment no.\u00a027, Valea C\u0103lug\u0103reasc\u0103 street no. 3, building D4, entrance C, District no. 6, Bucharest<\/td>\n 23 November 2007 Bucharest Court of Appeal<\/td>\n 23 November 2007 Bucharest Court of Appeal<\/td>\n A. EUR 85,000 (80,000 + 5,000), jointly<\/p>\n \n 20<\/strong><\/td>\n 60778\/08<\/p>\n Adrian IUNCU<\/strong><\/p>\n <\/td>\n Apartments nos. 1 and 2, Andrei Mure\u015fanu street no. 23 (former 23A), District no. 1, Bucharest<\/td>\n 05 May 1997 Bucharest District Court<\/p>\n 25 June 2008 Bucharest Court of Appeal<\/td>\n A. EUR 405,000 (400,000 + 5,000), jointly<\/p>\n \n 21<\/strong><\/td>\n 4885\/09<\/p>\n Romulus BARDELLI<\/strong><\/p>\n Otilia-Monalisa STOICA<\/td>\n Apartments nos. 4 (3) and 6, Braziliei street no. 7B, District no. 1, Bucharest<\/td>\n 15 April 1998 Bucharest District Court<\/td>\n 23 April 2008 Bucharest Court of Appeal<\/td>\n A. EUR 145,000 (140,000 + 5,000)<\/p>\n \n 22<\/strong><\/td>\n 40991\/09<\/p>\n Marius-Robert CAPE<\/strong>\u0162<\/strong>AN-BACSKAI<\/strong><\/p>\n Corina and Cotizo-Olimpiu NEGRU\u0162IU<\/td>\n Apartment no.\u00a010, Regele Carol I (former Tinere\u021bii) Blv. no. 20, Timi\u015foara<\/td>\n 10 October 2001 of Timi\u015foara Court of Appeal<\/td>\n 17 December 2008 Timi\u015foara Court of Appeal<\/td>\n A. EUR 85,000 (80,000 + 5,000)<\/p>\n \n 23<\/strong><\/td>\n 57120\/10<\/p>\n Gheorghe SCARLAT<\/strong><\/p>\n