FOURTH SECTION

CASE OF STĂNOIU AND OTHERS v. ROMANIA

(Applications nos. 26206/04 and 3 others –

see appended list)

JUDGMENT
 

STRASBOURG

3 March 2026

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

In the case of Stănoiu and Others v. Romania,

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

 Faris Vehabović, President,
 Lorraine Schembri Orland,
 Sebastian Răduleţu, judges,
and Valentin Nicolescu, Acting Deputy Section Registrar,

Having regard to:

the applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table, (“the applicants”), on the various dates indicated therein;

the decisions to give notice of the applications to the Romanian Government (“the Government”), represented by their Agent, Ms O.F. Ezer of the Ministry of Foreign Affairs;

the parties’ observations;

Having deliberated in private on 10 February 2026,

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

SUBJECT MATTER OF THE CASE

1.  The cases concern the applicants’ inability to recover possession of properties which had been unlawfully nationalised under the former communist regime and subsequently sold by the State to third parties.

2.  The factual and legal circumstances of the current applications are similar to those pertaining to the applicants in the cases of Străin and Others v. Romania (no. 57001/00, §§ 5-18, ECHR 2005-VII), and Ana Ionescu and Others v. Romania (no. 19788/03, §§ 6-7, 26 February 2019) and to the applicants Ms and Mr Rodan in the case of Preda and Others v. Romania (nos. 9584/02 and 7 others, §§ 35-41, 29 April 2014).

THE COURT’S ASSESSMENT

1.         JOINDER OF THE APPLICATIONS

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

2.      LOCUS STANDI

4.  The Court notes that some of the applicants died after lodging their application and that their heirs have expressed their wish to continue the proceedings. Having regard to the close family ties and the heirs’ legitimate interest in pursuing the applications, the Court accepts that the deceased applicants’ heirs may pursue the applications in their stead. It will therefore continue to deal with these applications at the heirs’ request (see the appended table for details).

3.    ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1 TO
   THE CONVENTION

5.  The applicants complained that their inability to recover possession of properties that had been unlawfully nationalised or to secure compensation for them, despite court decisions acknowledging their property rights, amounted to a breach of their right to the peaceful enjoyment of their possessions under Article 1 of Protocol No. 1 to the Convention, which reads as follows:

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

1. Admissibility
   1. Failure to exhaust available remedies; compatibility ratione materiae

6.  The Government submitted that the applicants had failed to exhaust domestic remedies and/or that they could not claim to have a possession within the meaning of Article 1 of Protocol No. 1 to the Convention, their complaints being therefore incompatible rationae materiae.

7.  The Court reiterates that it has already considered at length, and rejected, the same objections concerning the alleged inapplicability of Article 1 of Protocol No. 1 to the Convention to situations identical to those in the present case (see Străin and Others v. Romania, no. 57001/00, §§ 30, 31 and 38, ECHR 2005-VII).

8.  It has further considered and repeatedly rejected the Government’s submissions as to the alleged effectiveness of various court proceedings and the restitution laws, including Law no. 10/2001 and Law no. 165/2013, in cases where there are concurrent valid title deeds (see Ana Ionescu and Others v. Romania, no. 19788/03, § 23, 26 February 2019).

9.  It considers that in the instant case the Government have not put forward any new fact or argument capable of persuading it to reach a different conclusion as to the admissibility of the applicants’ complaints. The Government’s objections in this regard must therefore be rejected.

2. Compatibility ratione temporis (application no. 26206/04)

10.  In so far as it concerns the applicants’ complaints regarding the insufficient amount of compensation awarded by the authorities for the half share of the property belonging to the first applicant, the Government submitted that this complaint should be rejected as incompatible ratione temporis.

11.  The Court notes that by a decision delivered on 31 August 1987, the first applicant was compensated in the amount of 40,000 Romanian lei for her half share of the property nationalised by the authorities. Following the applicants’ notice concerning the whole property, by a decision of 11 March 1997 of the Vâlcea County Council, the first applicant and her former husband were awarded compensation only in respect of the half of the property which belonged to the latter and which had been nationalised without any compensation; the remainder of the claims were dismissed. The final decision of the Vâlcea District Court of 4 September 1997 upheld those findings.

12.  It follows that the domestic courts have concluded that the first applicant was no longer entitled to either compensation or restitutio in integrum of the immovable property in so far as she had already been compensated for her part of property which had been nationalised.

13.  Consequently, and since the Court sees no reason to depart from those findings, even assuming that the complaint concerning the amount of compensation is not incompatible ratione temporis, it is in any event incompatible ratione materiae with the provisions of the Convention and must be therefore rejected in accordance with Article 35 § 4. It is hence no longer necessary to decide on the Government’s ratione temporis objection.

3. Conclusions as to admissibility

14.  The Court concludes that the applicants’ complaints relating to their property rights (except for the complaints rejected under application no. 26206/04, see paragraph 13 above) are not manifestly ill‑founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other grounds. They must therefore be declared admissible.

2. Merits

15.  The Court notes that, similarly to the applicants in Străin and Others (cited above), and Ms and Mr Rodan in Preda and Others v. Romania (nos. 9584/02 and 7 others, 29 April 2014), the applicants in the present case had obtained final decisions, whether in relation to the property claimed in the present case or in relation to the entire building (see, mutatis mutandis, Maria Atanasiu and Others v. Romania (nos. 30767/05 and 33800/06, §§ 143‑46, 12 October 2010), acknowledging with retroactive effect the unlawfulness of the seizure of their property by the State and their legitimate ownership of those properties. Those decisions have not been challenged or quashed to date.

16.  The Court reiterates that in Preda and Others (cited above) it found that the applicants’ inability to recover possession of their properties, despite final court decisions retroactively acknowledging their property rights, constituted a deprivation of their possessions within the meaning of the second sentence of the first paragraph of Article 1 of Protocol No. 1.

17.  In the present case, the applicants have not been able, to date, either to recover possession of the properties mentioned in the appended table or to obtain compensation for this deprivation.

18.  Such a deprivation, combined with a total lack of compensation, imposed on the applicants a disproportionate and excessive burden, in breach of their right to the peaceful enjoyment of possessions as guaranteed by Article 1 of Protocol No. 1 (see Preda and Others, cited above, §§ 146 and 148-49).

It reiterated those findings in the similar cases of Dickmann and Gion v. Romania (nos. 10346/03 and 10893/04, §§ 103-04, 24 October 2017) and Ana Ionescu and Others (cited above, §§ 23 and 28‑30), and, more recently, in Văleanu and Others v. Romania (nos. 59012/17 and 27 others, § 262, 8 November 2022).

19.  The Court further finds that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case.

20.  The foregoing considerations are sufficient to enable the Court to conclude that there has been a breach of Article 1 of Protocol No. 1 to the Convention.

REMAINING COMPLAINTS

21.  The applicants in applications nos. 26206/04 and 6495/08 also raised various complaints under various provisions of the Convention.

22.  The Court has carefully examined all these complaints. In the light of all the material in its possession and in so far as the matters complained of are within its competence, the Court finds that these complaints 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 set out in the Convention or the Protocols thereto. It follows that these parts of the applications must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

1. Pecuniary damage

23.  As the Court has held on a number of occasions, a judgment in which the Court finds a breach imposes on the respondent State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore as far as possible the situation existing before the breach (see Iatridis v. Greece (just satisfaction) [GC], no. 31107/96, § 32, ECHR 2000-XI, and Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858/00, § 90, 22 December 2009).

24.  The Court holds that the respondent State is to pay the applicants, in respect of pecuniary damage, an amount calculated according to the methodology established in Văleanu and Others v. Romania ((just satisfaction), nos. 59012/17 and 27 others, §§ 114-18, 7 January 2025). Having regard to the information at its disposal, in particular, the relevant notarial grids, the documents submitted by the parties and its established case‑law (ibid., § 116), the Court considers it reasonable and equitable, as required by Article 41, to award the applicants the amounts indicated in the appended table in respect of pecuniary damage.

25.  The Court must reiterate, however, that the applicants cannot derive any right to double compensation or unjust enrichment from the Court’s judgment. In so far as domestic administrative and/or judicial proceedings relating to the applicants’ claims to their property were still pending before the relevant authorities at the date of the latest information available to the Court, and in order to prevent any unjust enrichment from the present judgment, the Court therefore considers that all amounts relating to the compensation due to the applicants which are relevant to the present case and which would already have been enforced in their favour by the date of the present judgment should be deducted, as the case may be, from the amounts listed in the appended table.

26.  As regards the amount of money claimed in respect of loss of profit or benefit from the applicants’ possessions (application no. 26206/04), the Court rejects these claims. To award a sum of money on this basis would be a speculative process, given that profit derived from possession of property depends on several factors (see Văleanu and Others (just satisfaction), cited above, § 119).

2. Non-pecuniary damage

27.  With regard to the applicants who have claimed compensation in respect of non-pecuniary damage, the Court considers that the serious interference with the applicants’ right to the peaceful enjoyment of their possessions cannot be adequately compensated for by the simple finding of a violation of Article 1 of Protocol No. 1. Making an assessment on an equitable basis, as required by Article 41 of the Convention, the Court awards the applicants the amounts indicated in the appended table.

3. Costs and expenses

28.  Some applicants have either not submitted any claims for costs and expenses or have failed to substantiate them. Accordingly, the Court finds no reason to award them any sum on that account (see appended table).

29.  As concerns the claims submitted by the remaining applicants, regard being had to the documents in its possession and to its case-law, the Court considers it reasonable to award the sums indicated in the appended table, covering costs under all heads.

4. Default interest

30.  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 application no. 26206/04 inadmissible ratione materiae in so far as it concerns the complaints under Article 1 of Protocol No. 1 to the Convention regarding the compensation awarded by the authorities for the half share of the property belonging to the first applicant;
3. Declares the applications admissible in respect of the remaining complaints under Article 1 of Protocol No. 1 to the Convention and the remainder of the applications inadmissible;
4. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention;
5. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, plus any tax that may be chargeable, in respect of pecuniary damage;

(b)  that the respondent State is to pay the applicants within the same three months, the amounts indicated in the appended table plus any tax that may be chargeable, in respect of non-pecuniary damage and costs and expenses;

(c)  that the above-mentioned amounts shall be converted into the national currency of the respondent State at the rate applicable at the date of settlement;

(d)  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’ claim for just satisfaction.

Done in English, and notified in writing on 3 March 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Valentin Nicolescu Faris Vehabović
 Acting Deputy Registrar President

APPENDIX

[1] As per the representative’s letter of 23 June 2025.