Moldova loses another case at Strasbourg Court
The European Court of Human Rights (ECHR) has found Moldova guilty in the case of “Balan vs. Moldova” for violating author’s rights, Info-Prim Neo reports.
The case concerned a photograph of the Soroca Castle published by the plaintiff, Pavel Balan, in 1985. In 1996, the Government adopted a decision to use the photograph taken by Balan as a background for the identity cards issued by the Ministry of Internal Affairs of Moldova. The plaintiff was not consulted and did not agree to such a use of the photograph.
Balan initiated court proceedings against the Ministry, seeking compensations for the infringement of his rights, as well as the conclusion of a contract with him for the future use of the photograph. A domestic court awarded him a sum equivalent to $568 for damages, but rejected the request with regard to the contract for the future use of the photograph.
The European Court found that there had been an interference with Balan’s property rights and that it was not proportionate to the aims pursued. It therefore held that there had been a violation of Article 1 of Protocol No.1 (protection of property) to the European Convention, and awarded the applicant EUR 5,000 for pecuniary and non-pecuniary damage and EUR 2,000 for costs and expenses.
To date, Moldova has been found guilty in more than 100 cases examined by the ECHR, being obliged to pay nearly two million euros for damages and expenses. The case of “Balan vs. Moldova” is the fifth one lost this year.