EGMR: Forthcoming judgment on Tuesday 5 April 2016 – Rozalia Avram v. Romania (no. 19037/07)

The applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerns a building which formerly belonged to the Catholic diocese of Oradea and became State property under limitation legislation. Several apartments in the building were sold to the tenants, including Ms Avram. In 1998 the diocese applied to the domestic courts for restitution of the building, but its application was dismissed by the Timişoara Court of Appeal. The diocese then brought an action for cancellation of the contracts of sale of the apartments, which action was this time allowed by the same Court of Appeal.

Relying on Article 6 § 1 of the Convention (right to a fair trial), Ms Avram complained of an infringement of the principle of legal certainty on the ground that the Timişoara Court of Appeal had cancelled the contract of sale of her apartment, thus casting doubt on the previous decision of the same Court of Appeal. She also submitted that the cancellation of the contract of sale of her apartment had violated Article 1 of Protocol No. 1 to the Convention (protection of property).

In its principal judgment of 16 September 2014 the Court had found a violation of Article 6 § 1 of the Convention. It had also decided that the issue of the application of Article 41 (just satisfaction) was not ready for examination and postponed its assessment of that issue to a later date.

The Court will adjudicate on the aforementioned issue in its judgment of 5 April 2016.

Press release ECHR 112 (2016) 01/04/2016

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: . Leave a Comment »

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