As lawyer Dr. Bernd Fabritius (Munich) announced that on September 29, 2020, an important judgment of the European Court of Human Rights was served from Straburg: In case 45088/06, Romania was obliged to inform the applicant for the expropriation of a farm in Marktschelken in Siebenbrgen / Romania In connection with the evacuation of the Germans from Romania and the thwarting of the legally stipulated restitution in kind through resale by the state to third parties, to pay compensation in the amount of 55,000 euros as well as expenses and costs.
The Court of Justice has thus confirmed a violation of the protection of property under Article 1 of the First Additional Protocol to the European Convention on Human Rights. Romania was obliged to compensate the claimants in the amount of the current market value of the expropriated property. The concern of the Transylvanian-Saxon family was first rejected in all instances by the Romanian courts. The statutory restitution in rem had been thwarted by the municipality. Lawyer Dr. Bernd Fabritius appealed to the European Court of Human Rights. This lawsuit has now been upheld and the judgment of the ECHR is final. Romania is now obliged to comply with the judgment within three months. Otherwise, in accordance with Article 46, Paragraph 2, of the Convention, foreclosure is the responsibility of the Committee of Ministers of the Council of Europe.
After receiving this judgment, attorney Fabritius told this newspaper: “It is shameful that even 30 years after the fall of the Wall and despite an otherwise exemplary minority law, the problem of a just restitution of the expropriations of the communist era is still not under control. Abuse and sometimes deliberate breach of law on a local level often go unchecked and force those affected, like here, into legal disputes that last for many years. In this case, too, there were regular rejections from Romania. Only after many argumentative battles and meanwhile 14 cm files finally came the – unanimous – judgment from Straburg. That shows me: Justice wins, you just have to stay tuned! I am very happy for the applicants who have now been confirmed that their rights have been granted. Romania remains called upon to implement European legal standards in all areas, even without decades of legal disputes. ”
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