FOURTH SECTION

CASE OF TEICĂ AND OTHERS v. ROMANIA

(Application no. 2337/04 and 22 others –
see appended list)

JUDGMENT

STRASBOURG

20 October 2016

This judgment is final but it may be subject to editorial revision

In the case of Teică and Others v. Romania,

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

 Vincent A. De Gaetano, President,
 Egidijus Kūris,
 Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı, Deputy Section Registrar,

Having deliberated in private on 29 September 2016,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The applications were communicated to the Romanian Government (“the Government”).

THE FACTS

3.  The list of applicants and the relevant details of the applications are set out in the appended table.

4.  The applicants complained of the excessive length of civil proceedings. In some of the applications, the applicants also raised complaints under other provisions of the Convention.

THE LAW

I.  JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II.  ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

6.  The applicants complained principally that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”

7.  After examining all the material submitted to it, the Court considers that the complaints raised by the applicants S.C. Alma Bucovina S.R.L. (in application no. 26485/04), S.C. T & G Trading S.R.L. (in application no. 28121/04), Florian Mițoi (in relation to the proceedings between 13 June 2001 and 25 March 2005, in application no. 40757/06) and Federalcoop Constanța (concerning the proceedings between 26 April 2001 and 21 January 2011, in application no. 48595/10) must be dismissed as they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

8.  As regards the other complaints raised under Article 6 § 1 of the Convention, 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 applicants and the relevant authorities and what was at stake for the applicants in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

9.  In the leading case of Vlad and Others v. Romania, nos. 40756/06, 41508/07 and 50806/07, 26 November 2013, the Court already found a violation in respect of issues similar to those in the present case.

10.  Having regard to its case-law on the subject, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of the remaining complaints and so it considers that in the instant case the length of proceedings was excessive and failed to meet the “reasonable time” requirement.

11.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

III.  REMAINING COMPLAINTS

12.  Some of the applicants raised other complaints under various Articles of the Convention.

13.  The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

IV.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

14.  Article 41 of the Convention provides:

“If 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.”

15.  Regard being had to the documents in its possession and to its case‑law, the Court considers it reasonable to award the applicants the sums indicated in the appended table, with the exception of the applicants in applications nos. 2337/04 and 35783/09 who failed to respond to the Court’s letters of 4 December 2009 and 27 April 2015, respectively, inviting them to submit their just satisfaction claims in accordance with Rule 60 of the Rules of the Court.

16.  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.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.  Decides to join the applications;

2.  Declares the complaints raised by the applicants S.C. Alma Bucovina S.R.L. (in application no. 26485/04), S.C. T & G Trading S.R.L. (in application no. 28121/04), Florian Mițoi (in relation to the proceedings between 13 June 2001 and 25 March 2005, in application no. 40757/06) and Federalcoop Constanța (concerning the proceedings between 26 April 2001 and 21 January 2011, in application no. 48595/10) inadmissible.

3.  Declares the remaining complaints concerning the excessive length of civil proceedings admissible, and the remainder of the applications inadmissible;

4.  Holds that these complaints disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of civil proceedings;

5.  Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(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;

6.  Dismisses the remainder of the applicants’ claims for just satisfaction.

Done in English, and notified in writing on 20 October 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Hasan Bakırcı Vincent A. De Gaetano
Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

[1] Plus any tax that may be chargeable to the applicants.