{"id":20681,"date":"2023-03-30T13:51:51","date_gmt":"2023-03-30T13:51:51","guid":{"rendered":"https:\/\/laweuro.com\/?p=20681"},"modified":"2023-03-30T13:59:17","modified_gmt":"2023-03-30T13:59:17","slug":"case-of-patrancus-v-romania-8717-15","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=20681","title":{"rendered":"CASE OF PATRANCUS v. ROMANIA – 8717\/15"},"content":{"rendered":"

FOURTH SECTION
\nCASE OF P\u0102TR\u0102NCU\u015e v. ROMANIA<\/strong>
\n(Application no. 8717\/15)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n30 March 2023<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of P\u0103tr\u0103ncu\u015f v. Romania,<\/strong><\/p>\n

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
\nTim Eicke, President,
\nBranko Lubarda,
\nAna Maria Guerra Martins, judges,<\/p>\n

and Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 9 March 2023,<\/p>\n

Delivers the following judgment, which was adopted on that date:<\/p>\n

1. PROCEDURE<\/strong><\/p>\n

1. The case originated in an application against Romania lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 10\u00a0February\u00a02015.<\/p>\n

2. The Romanian Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n

2. THE FACTS<\/strong><\/p>\n

3. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n

4. The applicant complained of the excessive length of civil proceedings.<\/p>\n

3. THE LAW<\/strong><\/p>\n

1. ALLEGED VIOLATION OF ARTICLE\u00a06 \u00a7 1 OF THE CONVENTION<\/strong><\/p>\n

5. The applicant complained that the length of the civil proceedings in question had been incompatible with the \u201creasonable time\u201d requirement. He relied on Article\u00a06 \u00a7 1 of the Convention.<\/p>\n

6. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see Frydlender v.\u00a0France [GC], no.\u00a030979\/96, \u00a7\u00a043, ECHR 2000-VII).<\/p>\n

7. In the leading case of Vlad and Others v. Romania, nos.\u00a040756\/06 and 2\u00a0others, 26\u00a0November 2013, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n

8. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case\u2011law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the \u201creasonable time\u201d requirement.<\/p>\n

9. These complaints are therefore admissible and disclose a breach of Article\u00a06\u00a0\u00a7\u00a01 of the Convention.<\/p>\n

2. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n

10. Article 41 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

11. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Vlad and Others, cited above), the Court considers it reasonable to award the sum indicated in the appended table and to dismiss the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n

4. FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n

1. Declares the application admissible;<\/p>\n

2. Holds that this application discloses a breach of Article\u00a06\u00a0\u00a7\u00a01 of the Convention concerning the excessive length of civil proceedings;<\/p>\n

3. Holds<\/p>\n

(a) that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n

(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;<\/p>\n

4. Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n

Done in English, and notified in writing on 30 March 2023, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n

Viktoriya Maradudina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Tim Eicke
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

__________<\/p>\n

APPENDIX<\/strong>
\nApplication raising complaints under Article 6 \u00a7 1 of the Convention
\n(excessive length of civil proceedings)<\/p>\n\n\n\n\n\n
Application no.<\/strong>
\nDate of introduction<\/strong><\/td>\n		Applicant\u2019s name<\/strong>
\nYear of birth<\/strong><\/td>\n		Start of proceedings<\/strong><\/td>\nEnd of proceedings<\/strong><\/td>\nTotal length<\/strong>
\nLevels of jurisdiction<\/strong><\/td>\n		Domestic court file number<\/strong><\/td>\nAmount awarded for non\u2011pecuniary<\/strong>
\ndamage per applicant (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n
8717\/15
\n10\/02\/2015<\/td>\n		Cornel P\u0102TR\u0102NCU<\/strong>\u0218<\/strong>
\n1941<\/td>\n		28\/06\/2011<\/td>\n02\/07\/2014<\/td>\n3 year(s) and 5 day(s)
\n1 level(s) of jurisdiction<\/td>\n		11275\/280\/2014<\/td>\n1,500<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[1]<\/a> Plus any tax that may be chargeable to the applicant.<\/p>\n