ECHR judgment of June 18, 2019 in the case of “Cotofan v. Republic of Moldova and the Russian Federation” (application No. 5659/07).
In 2007, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Republic of Moldova and the Russian Federation.
In the case, the application was successfully examined regarding the fine and the arrest of his car on the applicant, the absence of any effective remedy in this regard. The case has violated the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In his application, the applicant complained that the imposition of a fine on him and the arrest of his car constituted unlawful interference with his right to respect for property. He also complained about the lack of any effective remedy in this regard.
On June 18, 2019, on an application filed by the applicant, the European Court unanimously ruled that in the present case the Russian authorities violated the requirement of Article 1 of Protocol No. 1 to the Convention (right to protection of property), Article 13 of the Convention (right to an effective domestic remedy) , and ordered the authorities of the Russian Federation to pay the applicant EUR 3,000 in respect of non-pecuniary damage, EUR 44 in respect of pecuniary damage and EUR 2,000 in respect of costs and expenses. The European Court unanimously decided that the authorities of the Republic of Moldova did not commit a violation of any provision of the Convention.