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GCD v MV and MRM, Appeal decision, Decision no 1552/2014, ILDC 2366 (RO 2014), 22nd May 2014, Romania

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Whether in an action for restitution of property under domestic laws that conflicted with Article 1 of Protocol No 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’), the latter was to be given priority.

Whether domestic courts were required to determine whether a respondent in an action for restitution of property also possessed the asset within the meaning of the ECHR.

Whether the acceptance of an action for restitution of property in which both parties owned an asset within the meaning of the ECHR would infringe the property right of another and legal certainty.

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