CASE OF S.C. ECOREC S.A. AND DOMBROVSCHI AGAINST ROMANIA

Resolution CM/ResDH(2025)53 Execution of the judgment of the European Court of Human Rights S.C. Ecorec S.A. and Dombrovschi against Romania   (Adopted by the Committee of Ministers on 2 April 2025 at the 1524th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 31237/14 S.C. ECOREC S.A. AND DOMBROVSCHI 24/01/2023 24/01/2023   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1, of the Convention established on account of the lack of access to a court at the pre-trial stage against the enforcement of a seizure measure;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action report provided by the government indicating the individual measures adopted to execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)651);   Considering that the question of individual measures was resolved, given that the just satisfaction was duly paid and that, following the Italian court request, the Romanian authorities lifted the order of seizure;   Recalling that the question of the general measures needed to guarantee non-repetition of the violation concerning the absence of any possibility to challenge effectively a seizure during the pre-trial stage was examined in the context of the Credit Europe Leasing Ifn S.A (No. 38072/11) group of cases, closed by Final Resolution CM/ResDH(2024)397;     Recalling further that the question of the general measures required in response to the remaining shortcomings concerning the impossibility of using and disposing of seized assets for a long period continues to be examined within the framework of Călin (No. 54491/14) case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures concerning the impossibility of using and disposing of seized assets for a long period, in the case of Călin (No. 54491/14);   DECIDES to close the examination of this case.