Resolution CM/ResDH(2025)64
Execution of the judgments of the European Court of Human Rights
Avendi OOD against Bulgaria
 
(Adopted by the Committee of Ministers on 30 April 2025
at the 1527 meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
48786/09
AVENDI OOD
04/06/2020
14/02/2023
12/10/2020
14/05/2023
 
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 judgments transmitted by the Court to the Committee in this case and to the violation established concerning the delayed return of merchandise seized as evidence in the course of criminal proceedings, where several proceedings unfolded in parallel, and the competent authorities’ failure to comply with a judgement ordering the return of the merchandise to their owner;
 
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 measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)1147);
 
Having recalled that the general measures concerning unjustified withholding of material evidence after the closure of criminal proceedings have been examined in the case of Togrul v. Bulgaria (CM/ResDH(2022)375);
 
Having noted that the measures concerning the failure of an administrative authority to comply with a judgment concerning non substitutable action are examined in the case Stoyanov and Tabakov v. Bulgaria;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.