CERNEA v. ROMANIA - 7486/12 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee)

Paulo Pinto de Albuquerque, President, Egidijus Kūris, Iulia Antoanella Motoc, judges, and Andrea Tamietti, Deputy Section Registrar,

. On 29 November 2000 the prosecutor's office attached to the Bihor County Court ("the prosecutor's office") discontinued the criminal proceedings which it had opened against the applicant on 24 November 2000 for bribe taking.

. On 10 January 2001 the prosecutor's office attached to the Bihor Court of Appeal quashed the above-mentioned decision of its own motion and ordered that the proceedings against the applicant be reopened.

. On 16 August 2002 the prosecutor's office ordered the seizure of the applicant's movable and immovable assets up to the value of the damage allegedly incurred by AVAB. The order was enforced by the Bihor Police Department on 19 December 2002 by seizing part of the immovable properties owned jointly by the applicant and his wife, in particular four plots of intra muros agricultural land, a home and annexes.

. Between 20 June and 11 July 2006 the Court of Appeal adjourned the proceedings twice to allow the parties to prepare their cases. On 19 September 2006 the court quashed the judgment of 13 February 2006 and referred the case back to the first-instance court for re-examination on procedural grounds.