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    Reference: SG/E/2011/06
    Received Date: 29 April 2011
    Subject: Bucharest Metro Line 5, Romania
    Complainant: Individual, Romania
    Allegations: Unfair expropriation for site organization.
    Type: E - Environmental and social impacts of financed projects
    Outcome*: Friendly solution
    Suggestions for improvement: no
    Admissibility*
    Assessment*
    Investigation*
    Dispute Resolution*
    Consultation*
    Closed*
    18/05/2011
    15/02/2012
    21/03/2012
    29/03/2012

    * Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.

    Case Description

    The the Bucharest metro system project consists of i. the construction of a new metro line (Line 5, length 9 km) connecting a populous area of the city with its educational and administrative centre, and ii. the purchase of rolling stock to operate Line 5 (21 trains) and to replace 16 obsolete units running on the existing network.

    The complaint concerns the partial (45 m2 out of 428.52 m2) expropriation of her building situated in Bucharest, B-dul Eroilor 22 for site organisation relating to the Project for Bucharest’s subway modernisation – Stage IV, Main line 5 Drumul Taberei – Pantelimion, portion Drumul Taberei – Universitate. Te expropriation plan affects the Cotroceni area, crossed by the Eroilor Boulevard, an area of high cultural protection set up by the Romanian Ministry of Culture and the Municipality of Bucharest. The complainant challenged the rationale for partial expropriation of 3 buildings on the boulevard (for a total expropriated surface of 117 m2) i.e. site management, insofar as this  is a only temporary activity.

    EIB-CM enquiry

    On the basis of the concerns raised and following a preliminary analysis on the admissibility of the complaint, the EIB-CM decided to carry out further inquiries with a view to verifying whether a possible instance of maladministration had been committed by the EIB in its due diligence duty in respect of the contested project. In this context the EIB-CM reviewed the due diligence carried out by the EIB’s services as well as further information provided by the Promoter.

    Findings and Conclusions

    The complaint raised concerns the legitimacy of the expropriation and the indemnity determined by the national authorities in order to carry out works required. An additional issue concerned the alleged lack of consideration of the impact of the expropriation on cultural heritage, considering that her building was subject to a specific restrictions/landmarks.

    The initial assessment of the EIB CM, the complaint primarily challenged the actions of Romanian authorities. Indirectly, however, the Bank is concerned, as it is the Bank that is meant to appraise the project to ascertain whether it meets the EIB standards and to monitor the project to ensure that compliance with the EIB standards lasts for the entire project cycle.

    As part of its problem-solving function, the pro-active pragmatism of the EIB-CM and the open and available co-operation of the EIB operational services concerned to help resolve this complaint, suggested mediation between the competent national authorities and the complainant and to see whether this process could successfully address the complainant’s concerns.

    On the basis of the information provided by the final beneficiary as well as by the complainant’s lawyer, the EIB CM acknowledges that the former has taken all corrective measures required to satisfy the claim of the complainant, that the mediation process was completed successfully; consequently, it proceeds to the closing of the file.