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    European Court of Human Rights
    You are here: BAILII >> Databases >> European Court of Human Rights >> Anatolie BIZGU v Moldova and Russia - 45653/05 [2009] ECHR 2010 (10 November 2009)
    URL: http://www.bailii.org/eu/cases/ECHR/2009/2010.html
    Cite as: [2009] ECHR 2010

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    FOURTH SECTION

    PARTIAL DECISION

    AS TO THE ADMISSIBILITY OF

    Application no. 45653/05 by Anatolie BÎZGU

    and 35 other applications against Moldova and Russia




    The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:

    Nicolas Bratza, President,
     Lech Garlicki,
     Giovanni Bonello,
     Ljiljana Mijović,
     David Thór Björgvinsson,
     Ján Šikuta,
     Ledi Bianku, judges,
     and Lawrence Early, Section Registrar,

    Having regard to these applications lodged between 15 November 2005 and 3 January 2007,

    Having deliberated, decides as follows:

    THE FACTS

    A.  The circumstances of the cases

    The applicants, referred to in the attached table, are all Moldovan nationals. Their applications were lodged between 15 November 2005 and 3 January 2007. All the applicants are represented by Mr Anatolie Bîzgu.

    These cases originated in a large number of applications in which the applicants raised complaints that the Moldovan Government had failed to comply with final judgments awarding applicants housing rights or money in lieu of housing.

    The facts of these cases, as submitted by the applicants, are set out in the attached table and may be summarised as follows.

    The applicants are all internally displaced persons who fled Transdniestria after the 1992 war.

    On 21 October 1993 the Government of the Republic of Moldova adopted Decision no. 658 “on housing for persons forced to quit their houses in the eastern region of Moldova”.

    On an unspecified date the applicants instituted proceedings against the Government seeking housing.

    By final judgments of 25 May 2005, 27 May 2005 and 7 June 2006, the Supreme Court of Justice ordered the Moldovan Government to provide the applicants with apartments.

    Thus, all the applicants obtained final judgments in their favour and enforcement warrants were issued; however, the judgments have not been enforced to date.

    B.  Relevant non-Convention material

    The relevant non-Convention material has been set out in Olaru and Others v. Moldova, nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009.

    COMPLAINTS

    The applicants complain of a breach of their rights guaranteed by Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention as a result of the Moldovan Government’s failure to comply with final judicial decisions delivered by domestic courts in their favour.

    THE LAW

  1. The Court notes that all the above applications were also lodged against Russia. According to the applicants, they were forced to leave their homes in Transdniestria due to the actions of Russia, which contributed military, economically and politically to the creation and consolidation of the Transdniestrian separatist regime.

    2. The Court notes that the subject matter of the applications concerns the failure of the Moldovan authorities to enforce final judgments of Moldovan courts obliging the Government of Moldova and the Chişinău Municipal Council to provide the applicants with apartments. It follows that in so far as the applications are brought against Russia they are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

  2. In so far as the complaints lodged against Moldova are concerned, the Court considers that it cannot, on the basis of the case files, determine their admissibility and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of these applications to the Moldovan Government.

    3. For these reasons, the Court, unanimously,

    Declares inadmissible the complaints lodged by the applicants in so far as they relate to Russia;

    Decides to adjourn the examination of the above applications in so far as they relate to Moldova.

    Lawrence Early Nicolas Bratza
    Registrar President

    ANNEX TABLE


    Application number

    and date of lodging

    Applicant’s details

    Final judgment

    45653/05, lodged on 15.11.2005

    BÎZGU Anatolie born on 26.07.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    13032/07, lodged on 03.01.2007

    ARMENCEA Valentina born on 05.01.1963, Moldovan national, living in Chişinău

    Supreme Court of Justice, 07.06.2006

    13358/07, lodged on 30.12.2006

    COROPAT Liliana born on 24.02.1972, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    13361/07, lodged on 23.01.2007

    FEDCO Valeriu, born on 01.11.1963, Moldovan national, living in Chişinău

    Supreme Court of Justice, 23.02.2006

    15178/07, lodged on 16.11.2005

    HANGANU Valentin born on 02.11.1963, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15207/07, lodged on 16.11.2005

    VÎLCU Mihai born on 26.08.1964, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15218/07, lodged on 16.11.2005

    ABABII Gheorghe born on 08.05.1970, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15258/07, lodged on 10.11.2005

    BULBUC Alexei born on 06.04.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15267/07, lodged on 16.11.2005

    TUNTULESCU Victor born on 02.11.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15271/07, lodged on 16.11.2005

    FIODOROV Sergiu born on 15.02.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15279/07, lodged on 15.11.2005

    PECIUL Tudor born on 05.07.1970, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15286/07, lodged on 11.02.2006

    COJUHARI Sergiu born on 23.07.1956, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15293/07, lodged on 11.02.2006

    LOPATA Liomid born on 14.06.1953, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15301/07, lodged on 11.02.2006

    MOROZOVA Svetlana, born on 04.03.1966, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15304/07, lodged on 11.02.2006

    SANDUL Iurie born on 26.09.1970, Moldovan national, living in Chişinău

    Supreme Court of Justice, 27.05.2005

    15319/07, lodged on 06.03.2006

    VÎDRU Iurie born on 25.08.1975, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15326/07, lodged on 11.02.2006

    NICOLAEV Oleg born on 23.04.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15333/07, lodged on 11.02.2006

    CIJOV Serghei born on 05.02.1947, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15340/07, lodged on 11.02.2006

    TERENTIEV Anatolie born on 22.06.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15698/07, lodged on 15.11.2005

    MANIC Olga born on 8.4.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15721/07, lodged on 15.11.2005

    ALEXEEV Natalia born on 17.09.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15730/07, lodged on 15.11.2005

    IPATII Petru born on 28.07.1962, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15744/07, lodged on 15.11.2005

    VASILIŢA Iulia born on 07.07.1972, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15756/07, lodged on 15.11.2005

    STENGACI Ghenadie born on 14.05.1971, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15772/07, lodged on 15.11.2005

    RUSU Mihail born on 14.03.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15783/07, lodged on 15.11.2005

    BUDEI Valerii born on 27.11.1969, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15787/07, lodged on 20.11.2005

    POPOV Elena born on 23.09.1958, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15804/07, lodged on 25.11.2005

    CÎRLIG Alexei, born on 26.11.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 27.05.2005

    15861/07, lodged on 25.11.2005

    LUCHIAN Constantin, born on 21.07.1963, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15865/07, lodged on 02.12.2005

    MUNTEAN Sergiu born on 05.09.1967, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15872/07, lodged on 25.11.2005

    MELNIC Valeriu born on 19.05.1965, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15883/07, lodged on 02.12.2005

    LOPATIUC Natalia born on 08.03.1961, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15910/07, lodged on 25.11.2005

    BOLEAC Angela born on 12.06.1975, Moldovan national, living in Chişinău

    Supreme Court of Justice, 27.05.2005

    15921/07, lodged on 15.11.2005

    FUGARI Lilia born on 06.03.1972, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15936/07, lodged on 15.11.2005

    HRANOVSCHI Nicolae born on 26.10.1971, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005

    15945/07, lodged on 15.11.2005

    PARA Vasile, born on 27.12.1963, Moldovan national, living in Chişinău

    Supreme Court of Justice, 25.05.2005


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URL: http://www.bailii.org/eu/cases/ECHR/2009/2010.html