ANA IONESCU AND OTHERS v. ROMANIA - 19788/03 (Judgment : Pecuniary and non-pecuniary damage - award : Fourth Section) [2020] ECHR 193 (03 March 2020)

ANA IONESCU AND OTHERS v. ROMANIA - 19788/03 (Judgment : Pecuniary and non-pecuniary damage - award : Fourth Section) [2020] ECHR 193 (03 March 2020)

The Court held that the applicant's heir had standing to pursue the application and receive the just satisfaction previously awarded, warranting revision of the judgment to reflect this change.

Citation
[2020] ECHR 193
Parties
Applicants: Ana Ionescu and Others; Respondent State: Romania
Jurisdiction
European Union
Judgment Date
03 March 2020
Procedural Posture
Revision of Judgment (art 41, Echr) / Post Judgment Revision Following Applicant's Death
Outcome
Judgment revised; just satisfaction awarded to heir and remaining applicants.
Legal Topics
Just Satisfaction, Revision of Judgment, Succession of Rights, Execution of Judgments, Article 41 ECHR, Article 1 Protocol No. 1 ECHR
Human Rights Law Property Law Just Satisfaction Revision of Judgment Succession of Rights Execution of Judgments Article 41 ECHR Article 1 Protocol No. 1 ECHR

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Parties

Ana Ionescu and Others

Applicants

Romania

Respondent State

Procedural Posture

Revision of Judgment (art 41, Echr) / Post Judgment Revision Following Applicant's Death

Legal Issues

  1. 1 Whether the just satisfaction awarded to a deceased applicant should be paid to his heir
  2. 2 Whether the judgment should be revised due to the applicant's death before adoption

Ratio Decidendi

The Court held that the applicant's heir had standing to pursue the application and receive the just satisfaction previously awarded, warranting revision of the judgment to reflect this change.

Court Disposition

Judgment revised; just satisfaction awarded to heir and remaining applicants.

Orders

  • The respondent State is to pay jointly to Mrs Emma Albu (heir) and the remaining applicants the amounts previously awarded within three months, converted to the respondent State's currency at the settlement date's rate, plus any applicable tax.
  • Simple interest at the ECB marginal lending rate plus three percentage points is payable from expiry of the three-month period until settlement.