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The European Court of Human Rights has today notified in writing its lead Chamber judgment 1 in the case of Faimblat v. Romania (application no. 23066/02).
The Court held unanimously that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights on account of the Romanian courts’ dismissal of the applicants’ action for recovery of a nationalised property.
Under Article 41 of the Convention (just satisfaction), the Court awarded the applicants 6,000 euros (EUR) in respect of non-pecuniary damage and EUR 200 for costs and expenses.
The applicants are two Romanian nationals, Salomeia Faimblat, who was born in 1947 and died in 2008, and her brother Solomon Faimblat, who was born in 1949 and lives in Tulcea (Romania).
A property belonging to their father was confiscated by the Romanian State in 1941 by virtue of a decree concerning real property owned by Jews. It was then nationalised in 1950 pursuant to a nationalisation decree.
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