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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
The case originated in an application (no. 35671/97) against Romania lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Romanian nationals, Mr Alexandru Lindner and Ms Cristina Hammermayer (“the applicants”), on 9 April 1997.
The applicants were represented by Mr Adrian Vasiliu, of the Bucharest Bar. The Romanian Government (“the Government”) were represented by their Agent, Mrs Cristina Iulia Tarcea, of the Ministry of Justice.
The applicants alleged in particular that the Bucharest Court of Appeal's finding, on 14 October 1996, that the courts had no jurisdiction to determine an action for recovery of possession was contrary to Article 6 of the Convention. They also complained that the Court of Appeal's judgment had had the effect of infringing their right to peaceful enjoyment of their possessions as guaranteed by Article 1 of Protocol No. 1.
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