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Romania / High Court of Cassation and Justice / 726/2016

A., B., C., D., E., F., G., I. and H. v J. and L., M., N., O. and P., R. and S., T., U., V

Deciding Body type:
National Court/Tribunal
Deciding Body:
Romanian High Court of Cassation and Justice
Type:
Decision
Decision date:
29/03/2016

Key facts of the case: 

The case relates to the issue of restitution or compensation in respect of properties nationalised or confiscated by the Romania before 1989. The applicants have a property title for a property which was nationalised. The property was the sold to people who were renting it and the applicants unsuccessfully challenged this transaction. Following the European Court of Human Rights pilot judgement against Romania in the case of Maria Atanasiu and Others v. Romania (ECHR, Applications nos. 30767/05 and 33800/06) they sought to try again to obtain property rights of the nationalised building. They claimed that this pilot judgement decision shows that the nationalisation was illegal and because of this they feel they need to take back the nationalised property.

Outcome the case: 

The High Court decided against the applicants and argued that the pilot judgement decision only applies to those who have a final national court judgement in their favour which states they are the rightful owner and states the right to restitution over the property.