Matter
Carl Hirschhorn v Romania (European Court of Human Rights, Application no. 29294/02)
- 24 June 1999Romania
24 June 1999Romania
Judgment of the Bucharest District Court dated 24 June 1999
Bucharest District Court
- Decision summary
- The court allowed Carl Hirschhorn's action to recover possession and ordered the defendants to restore the building at 16 Negustori Street, Bucharest, and adjoining land, finding that the State had taken possession without valid title.
Supporting details
4 participantsCarl Hirschhorn
Bucharest local council
Rental Property Administration Department
Titan
Bucharest District Court
5 months and 12 days later · 165 days
- 6 December 1999Romania
6 December 1999Romania
Judgment of the Bucharest County Court dated 6 December 1999
Bucharest County Court
- Decision summary
- The court upheld the first-instance judgment ordering restitution of the building and adjoining land to Carl Hirschhorn.
6 months and 15 days later · 198 days
- 21 June 2000Romania
21 June 2000Romania
Judgment of the Bucharest Court of Appeal dated 21 June 2000
Bucharest Court of Appeal
- Decision summary
- The court declared the further appeal inadmissible for failure to give reasons, making the restitution judgment final.
11 months and 9 days later · 343 days
- 30 May 2001Romania
30 May 2001Romania
Judgment of the Bucharest District Court dated 30 May 2001
Bucharest District Court
- Decision summary
- The court dismissed Carl Hirschhorn's action seeking to set aside the lease of the building and evict the United States Peace Corps, holding that Locato had authority to manage the property and that the lease was valid.
Supporting details
3 participantsCarl Hirschhorn
Locato
United States Peace Corps
Bucharest District Court
5 months and 6 days later · 159 days
- 5 November 2001Romania
5 November 2001Romania
Judgment of the Bucharest County Court dated 5 November 2001
Bucharest County Court
- Decision summary
- On Carl Hirschhorn's appeal, the court set aside the first-instance decision, allowed his action, set aside the lease and ordered eviction of the tenant organisation.
Supporting details
3 participantsCarl Hirschhorn
Locato
United States Peace Corps
Bucharest County Court
1 month and 16 days later · 46 days
- 21 December 2001Romania
21 December 2001Romania
Order of the Bucharest District Court dated 21 December 2001
Bucharest District Court
- Decision summary
- The court authorised the bailiff to evict the tenant organisation under the Bucharest County Court's decision of 5 November 2001.
2 months and 19 days later · 81 days
- 12 March 2002Romania
12 March 2002Romania
Judgment of the Bucharest Court of Appeal dated 12 March 2002
Civil Division of the Bucharest Court of Appeal
- Decision summary
- The court allowed Locato's appeal on points of law and dismissed Carl Hirschhorn's action, finding that the lease had been entered into in good faith even though Locato was not the owner.
Supporting details
2 participantsCarl Hirschhorn
Locato
Civil Division of the Bucharest Court of Appeal
9 days later · 9 days
- 21 March 2002Romania
21 March 2002Romania
Judgment of the Bucharest District Court dated 21 March 2002
Bucharest District Court
- Decision summary
- The court rejected Carl Hirschhorn's complaint against the bailiff, holding that the bailiff had not failed to enforce the restitution judgment after being told that the United States Peace Corps enjoyed immunity.
Supporting details
1 participantCarl Hirschhorn
Bucharest District Court
1 month and 22 days later · 53 days
- 13 May 2002Romania
13 May 2002Romania
Judgment of the Bucharest County Court dated 13 May 2002
Bucharest County Court
- Decision summary
- The court allowed Carl Hirschhorn's claim for restitution of the building but rejected his request for eviction because the United States Peace Corps was not a party to the proceedings.
Supporting details
3 participantsCarl Hirschhorn
Locato
United States Peace Corps
Bucharest County Court
9 months and 4 days later · 280 days
- 17 February 2003Romania
17 February 2003Romania
Judgment of the Bucharest County Court dated 17 February 2003
Bucharest County Court
- Decision summary
- The court declared Carl Hirschhorn's second action to recover possession inadmissible while the action under Law no. 10/2001 remained pending.
Supporting details
2 participantsCarl Hirschhorn
State Diplomatic Property Management Agency
Bucharest County Court
8 months and 12 days later · 254 days
- 29 October 2003Romania
29 October 2003Romania
Judgment of the Bucharest Court of Appeal dated 29 October 2003
Bucharest Court of Appeal
- Decision summary
- The court upheld the County Court's decision declaring the second action to recover possession inadmissible.
5 months and 2 days later · 154 days
- 31 March 2004Romania
31 March 2004Romania
Judgment of the Bucharest Court of Appeal dated 31 March 2004
Bucharest Court of Appeal
- Decision summary
- The court allowed Locato's appeal and dismissed Carl Hirschhorn's restitution claim because he had not proved that title had passed to him as heir or that he had not been compensated under the 1959 France-Romania agreement.
Supporting details
2 participantsCarl Hirschhorn
Locato
Bucharest Court of Appeal
1 year, 3 months and 6 days later · 463 days
- 7 July 2005Romania
7 July 2005Romania
Judgment of the High Court of Cassation and Justice dated 7 July 2005
High Court of Cassation and Justice
- Decision summary
- The court allowed Carl Hirschhorn's appeal on points of law and remitted the second possession case to the Bucharest Court of Appeal.
Supporting details
1 participantCarl Hirschhorn
High Court of Cassation and Justice
2 years and 19 days later · 749 days
- 26 July 2007International
26 July 2007International
Judgment of the European Court of Human Rights, Third Section, in the case of Hirschhorn v. Romania (application no. 29294/02) dated 26 July 2007
European Court of Human Rights, Third Section
- Decision summary
- The Court held that Romania violated Article 6 § 1 of the Convention by failing to enforce the final judgment ordering the return of the applicant's building and by denying him a hearing before an independent and impartial tribunal. It also held that Romania violated Article 1 of Protocol No. 1 by depriving him of the effective enjoyment of his property. Romania was required to return the building within three months after the judgment became final or, failing restitution, to pay EUR 1,900,000; it was also required to pay EUR 200,000 for pecuniary damage and EUR 10,000 for non-pecuniary damage, with default interest, and the remainder of the just-satisfaction claim was dismissed.
Supporting details
29 authorities · 13 participantsCarl Hirschhorn
- Representative
- L. Andreiescu (For: Carl Hirschhorn)
Romania
- Representative
- R. Rizoiu (For: Romania)
- Representative
- B. Ramascanu (For: Romania)
European Court of Human Rights, Third Section
- Judge
- Elisabet Fura
- Judge
- Corneliu Birsan
- Judge
- Lucius Caflisch
- Judge
- Alvina Gyulumyan
- Judge
- Egbert Myjer
- Judge
- Ineta Ziemele
Other
- Court Reporter
- Santiago Quesada