The European Court of Human Rights could oblige Moldova to pay damages of about 2 million euro to a company. Moldova could be condemned by the Strasbourg court because it has abusively annulled claims totalling more than EUR 1.2 mln of the “Oferta Plus” LLC against the Ministry of Finances. Moreover, criminal proceedings have been abusively initiated against the company’s director for the fact that the appealed to the ECHR. The information was announced in a press conference by the lawyer Vladislav Gribincea, on Wednesday, December 2. According to the lawyer, Moldova was to pay the respective company MDL 20 mln for some services provided, a fact confirmed by the decisions of national courts of justice. During about 4 years the decision had not been executed, after which, the Ministry of Finance concluded an agreement with “Oferta Plus”, providing that those 20 millions would be paid, by instalments, in a 10 month period. The Government did not honour this obligation and, as a consequence, the company sued Moldova at ECHR, in April 2004 In June 2004, the General Prosecutor Office declared the final decision of the court unfounded, after which it has been quashed by the Supreme Court of Justice Plenum. The General Public Prosecutor Office initiated a criminal investigation and the director of ”Oferta Plus” Corneliu Turcanu has been detained under arrest for a 3-month period, accused of “ purloining MDL 5 mln and the attempt to purloin MDL 15 mln”. According to Gribincea, the ECHR acknowledged that the decision regarding the payment of the debts has not been executed and its quashing has been abusive. The Court also established that the criminal proceedings against Turcanu and his arrest had the aim of discouraging the claimant of maintaining his request submitted to the ECHR. The European Court reserved the clauses on the moral and material damages, costs and expenses for a separate decision. The cited source mentioned that only the material damages brought to the claimant in these proceedings exceed EUR 1.2 mln, and taking into consideration the moral damage, the total sum which the state could pay can reach 2 million euros. Among the persons responsible of Moldova’s condemnation on this case is Zinaida Grecianii, who was holding the Minister of Finance’s office at that moment, Deputy General Prosecutors Nicolae Oprea and Valeriu Gurbulea, and the actual Minister of Justice Vitalie Pârlog.
EUR 2 mln could be lost by Moldova in the ECHR
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ccv gribincea cedo.mp3
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