MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2021)1419/H46-28

2 December 2021

1419th meeting, 30 November – 2 December 2021 (DH)   H46-28 S.C. Polyinvest S.R.L. and Others v. Romania (Application No. 20752/07) and similar cases Supervision of the execution of the European Court’s judgments   Reference document CM/Notes/1419/H46-28

 

Decisions

The Deputies

1.         recalling that the European Court’s judgments on the applications brought by S.C. Polyinvest S.R.L. and Omegatech Enterprises Ltd. and on seven other applications concern the State’s responsibility for the
non-implementation of court decisions or arbitral awards ordering State-controlled companies to pay various amounts to the applicants;

2.         recalling further that the general measures required to guarantee non-repetition of the violations in question are examined in the context of the Săcăleanu group against Romania;

3.         underlined again that, to comply with its unconditional obligation of the Convention to abide by the final judgments of the Court in any case to which it is party, Romania is required to pay to the applicants, from State funds, all the sums due, granted in the court decisions or arbitral awards, with default interest up to the date of the payment, whether as specified in the decisions or awards or, failing such specification, together with the statutory interest due under domestic law;

4.         deeply regretted that the required payments have still not been made, and noted also with regret, that the steps to amend national legislation the authorities deem necessary to enable the payments, have been ongoing for well over one year and have yet to be completed;

5.         recalled their previous decisions and Interim Resolutions CM/ResDH(2020)182 and CM/ResDH(2021)194 and the heightened concerns expressed therein at the authorities’ continuing failure to secure redress to the applicants for the violations established in these judgments;

6          consequently, reiterated their exhortations to the authorities to settle this matter without any further delay, while underlining, in relation to the avenues considered by them to enable the payments, the imperative of guaranteeing that any government entity or agency responsible for making these payments has the funds necessary to discharge this obligation fully and immediately;

7.         requested the authorities to keep the Committee duly informed of all relevant developments in view of the next examination of these cases at their 1428^th meeting (March 2022) (DH).