Last updated: 13 August 2018
Persons whose property has been abusively seized by the communist regime and whose restitution in kind has not been possible so far have the possibility to obtain compensation through an administrative procedure. The amount of such compensations is set by the National Authority for Property Restitution (ANRP) and the National Commission for Property Compensation (CNCI).
We remind you that, after several unsuccessful attempts to grant compensations to former owners and following the decision of the European Court of Human Rights in the case of Maria ATHANASIU and others against Romania, the Romanian legislator adopted Law no. 165/2013 regarding the completion of the process of restitution, in kind or equivalent, of immovable assets abusively seized by the communist regime.
In accordance with this law, persons who have previously obtained the validation of the compensation decision issued by the relevant authorities or of the compensation decision issued by CNCI may use the points received under an administrative procedure.
Calculation
In accordance with Article 21 of Law no. 165/2013, the person entitled to compensation for the seized property that can not be restituted in kind receives a number of points corresponding to the estimated value of the immovable asset, in accordance with the notary charts applicable in 2013. The points thus determined through the validation/compensation decision issued by CNCI can not be affected by the limitation measures adopted by the State.
The value of one point is 1 Leu. The document that allows former owners to evaluate the points they were awarded is the payment title issued by ANRP.
Issuing of the Payment Title and Valorization
Within 3 years from the date when CNCI has issued the validation/compensation decision, but not before 1 January 2017, the interested party must submit to ANRP an application for the transformation of points into cash. The application must be accompanied by the original compensation decision, the identity document of the holder/holders of the decision and, where applicable, the proof of representation and the identity document of the authorized representative.
On the basis of this request, ANRP issues an annual payment title entitling to a 20% installment of the total value of the points awarded, spread over a period of 5 consecutive years. The minimum amount of an installment may not exceed 20,000 Lei, provided that the amount thus granted does not exceed the total amount of the compensation.
Within 5 days from the date of its issuance, the payment title issued by ANRP is communicated to the interested persons and to the Ministry of Public Finance, which has to pay the amounts mentioned in the title within 180 days from the issuance of the payment title.
The payment of the title by the Ministry of Finance can be checked by the point holders at http://www.anrp.gov.ro/title-de-plata.html. Upon receipt of the payment confirmation, the holder(s) or the authorized person(s) may address an agency of CEC BANK and may request the transfer of the sums into his/her/their accounts by submitting a file containing various documents, including the original payment title.
ATENTION:
In accordance with article 34 of Law no. 165/2013, ANRP, through the CNCI Secretariat, has to solve all the files registered at this institution prior to the entry into force of Law no. 165/2013 and issue the validation/compensation decision until 20 May 2018.
As a result, interested parties (holders of a compensation file registered with ANRP - CNCI prior to the entry into force of Law no. 165/2013) who have not received such a decision must bring legal actions until 20 November 2018, in order not to lose the right to bring legal actions to exercise their rights.