CASE OF RUSU LINTAX SRL v. THE REPUBLIC OF MOLDOVA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Stéphanie Mourou-Vikström;Georges Ravarani
4. The applicant is a limited liability company incorporated under Moldovan law. 5. On 11 June 2008 the Supreme Court of Justice acknowledged the applicant company’s entitlement to a plot of land adjacent to a warehouse it owned. The judgment ordered the Public Property Agency to sell the plot of land to the applicant company. The judgment was final. 6. On 24 December 2008 the Supreme Court of Justice upheld an application for revision lodged by a third party, quashed the final judgment of 11 June 2008 and remitted the case for a fresh examination on the merits. As new evidence the court cited a letter dated 2 November 2007 from the Public Property Agency which, referring to the disputed plot of land and other plots, listed the legal provisions applicable to the sale of land that was public property. 7. After a fresh hearing, on 16 June 2010 the Supreme Court of Justice dismissed in a final judgment the applicant company’s claims in respect of the plot of land as unsubstantiated.