Dumitrescu v. Romania

FOURTH SECTION

Application no. 27782/06 Iulia DUMITRESCU against Romania

The European Court of Human Rights (Fourth Section), sitting on 17 October 2024 as a Committee composed of:

Anne Louise Bormann , President , Sebastian Răduleţu, Mateja Đurović , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 July 2002,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning her claims to property located in Bucharest was communicated to the Romanian Government (“the Government”).

Subsequently, the Government informed the Court that the National Commission for Property Compensation ( Comisia Naţionalǎ pentru Compensarea Imobilelor – hereinafter “the NCPC”) had issued on 10 November 2008 a compensation decision in respect of the claimed property, for the amount of 430,018 Romanian lei (RON). That decision was not challenged.

On 23 November 2020 Mr Gabriel Dumitrescu, the applicant’s heir, submitted a request for the issuance of payment titles for the amounts due. As of December 2020, the NCPC had issued five yearly payment titles, the last one dated 8 April 2024. On 31 July 2024 the Government submitted that all the payment titles had been executed, the full amount being currently cashed in by the applicant’s heir. The latter has not submitted any comments or other information relating to the Government’s latest submissions.

THE LAW

In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine .

Accordingly, the application should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 14 November 2024.

Viktoriya Maradudina Anne Louise Bormann Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1 to the Convention

(property restitution)

Application no.

Date of introduction

Applicant’s name

Year of birth

27782/06

23/07/2002

Iulia DUMITRESCU

1934

Died in 2006

Heirs:

Gheorghe DUMITRESCU

Born in 1933, died in 2009

Gabriel DUMITRESCU

Born in 1962