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Compensations for Nationalized Property

Romania has been sued by more than a thousand complainants who were unsatisfied with the rythm of restitution and the judged compensation at the Strasbourg court. Although in this matter the applicable principles are restitutio in integrum and restitution in nature, in a lot of cases they can’t give back the nationalized properties to the former owners.
In this case the state establishes the value of the compensation based on the real estate market value, but the amount will not be paid in money but in so-called “auction points – compensation points”. The compensated party can use these auction points to buy other properties sold by the state or it can wait for the state to buy them back.
In the cases in which the National Property Compensation Commision asked for supplementary documents for the documents already handed in, and the interested parts sent these and did not receive an answer, they have the right to sue.
The legal framework is law no. 165/2013 and law no. 106/2016.
This is a very important step because since 2013 the lawsuit can be issued and results can be achieved for the first time.
The lawsuit can be launched only if there is a Decree in which it is stated that the property can not be returned in nature and they suggest a compensation.
With the lawsuit we ask the court to oblige the National Property Compensation Commision to issue the compensation decision, and for this the evaluation of the properties is needed.
It is very important to know that the evaluation of the properties is done as it is written in law no. 165 according to the market prices from 2013.
The court proceeding is in Bucharest because the commision is located there and the claimant does not have to pay a fee.
Starting from the 1st of January 2018 a lawsuit can be launched by those who have not received any request for supplementary documents or any notice from the Commision.

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