CASE NO. 1672/306/2007
CIVIL JUDGMENT NO. 2790
Public session of 28 May 2007
Court composed of
Presiding Judge MARIA MORAR – judge
Clerk: ILEANA RODICA SASU
The civil case concerning the claimant, the DEMOCRATIC FORUM OF GERMANS, versus the MUNICIPALITY OF SIBIU et. al., with regard to an action for a declaration, was adjourned until today.
The case was discussed on the merits on 14 May 2007, when the parties present made submissions which were recorded in the record of the same date, which forms an integral part of this decision.
Finds that by way of the civil action that was registered as no. 1672/306/2007 at Sibiu Court, the claimant, the Democratic Forum of Germans in Sibiu, requested that against the Municipality of Sibiu represented by the Mayor and the Local Council of the Municipality of Sibiu, it should be ruled that the claimant has the status of successor in title to the German Ethnic Group (Deutsche Volksgruppe); court costs were not requested.
In the grounds of the request, it was stated, in essence, that the claimant is the representative organisation of the German minority in Sibiu, for which reason it is the successor in title to the German Ethnic Group (Deutsche Volksgruppe).
By way of the legislation that was passed after 1989, provision was made for the return of properties that belonged to national minorities. In order to achieve this objective, the continuator of the disestablished organisations must be recognised by way of a court decision, for which reason this request was made.
As to the legal basis, the provisions of Law 10/’01 and Emergency Government Ordinance 83/’99 were cited.
The Respondent, the Municipality of Sibiu represented by the Mayor, submitted a defence in which it stated that it leaves the judgment that will be pronounced in the case to the court’s discretion.
The following factual circumstances are deduced from the documents and papers in the case-file:
In accordance with art. 6 of Emergency Government Ordinance 83/’99 as amended by Law no. 66/’04: “community of national minorities means a private-law legal entity established and organised in accordance with Romanian law, which represents the interests of the citizens of a community of a national minority which owned properties which were wrongfully taken and which proves that it is the recognised continuator of the titular legal entity from which the properties were taken by the state.
According to its constitution, a copy of which is on file, the Democratic Forum of Germans in Sibiu is the continuator of not-for-profit legal entities which belonged to the German minority in Sibiu.
In addition, the Democratic Forum of Germans in Sibiu is the private-law legal entity that represents, at the level of the Municipality of Sibiu, the German minority in this local authority area, and all members of the organisation are of German origin, as is indicated by the statements given by the witnesses Paul Filipi (p. 17) and Horst Ernest Klusch (p. 18), who were heard in the case.
Because, through its Constitution, the Democratic Forum of Germans in Sibiu has declared itself to be the continuator of all not-for-profit legal entities which belonged to the German minority, it is also the continuator of the German Ethnic Group.
The German Ethnic Group was the representative organisation of the entire German minority, and was established by law in 1940 and disestablished by Law 485.
In view of the foregoing factors, and on account of the fact that the provisions of article 1169 of the Civil Code have been complied with, as the claimant has proved that it is the successor in title to the German Ethnic Group, the court shall order on the basis of Emergency Government Ordinance 83/’99 as amended by Law 66/’04 that the action be granted as written.
For these reasons:
IN THE NAME OF THE LAW
To grant the claim made by the claimant, the Democratic Forum of Germans in Sibiu, str. General Magheru no. 1-3 against the respondents, the Municipality of Sibiu represented by the Mayor, headquartered in Sibiu at str. Bulevardul Victoriei no. 1-3, and the Local Council of the Municipality of Sibiu, and consequently:
– declares that the claimant is the successor in title to the German Ethnic Group (Deutsche
Can be appealed within 15 days following communication.
Pronounced in open court today, 28 May 2007.
PRESIDING JUDGE CLERK
MARIA MORAR ILEANA RODICA SASU
On annual leave, signed in accordance with article 261 of the Code of Civil Procedure
PRESIDENT OF THE COURT
Drafted by MM 18.07. Typed by RS 26.08
5 copies 3 communications/26.08.07