DICKMANN AND GION v. ROMANIA - 10346/03 (Judgment : Damage - claim dismissed : Fourth Section) [2018] ECHR 677 (28 August 2018)

DICKMANN AND GION v. ROMANIA - 10346/03 (Judgment : Damage - claim dismissed : Fourth Section) [2018] ECHR 677 (28 August 2018)

In the absence of an injured party following the applicant's death and no heir expressing a wish to pursue the application, the just satisfaction awards under Article 41 must be revised and rejected, though the case examination continues for the sake of human rights and good administration of justice.

Source-derived case information.

Citation
[2018] ECHR 677
Parties
Applicant: Dickmann; Applicant: Gion; Respondent: Romania
Jurisdiction
European Union
Judgment Date
28 August 2018
Procedural Posture
Request for Revision of Judgment / Post Judgment Revision Proceedings
Outcome
request for revision allowed; just satisfaction claims dismissed for application no. 10346/03
Legal Topics
Restitution of Property, Compensation for Nationalised Property, Revision of Judgment, Just Satisfaction Under Article 41
Human Rights Law Property Law Restitution of Property Compensation for Nationalised Property Revision of Judgment Just Satisfaction Under Article 41

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Parties

Dickmann

Applicant

Gion

Applicant

Romania

Respondent

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision Proceedings

Legal Issues

  1. 1 Whether the judgment of 24 October 2017 should be revised due to the death of Mr Dickmann before its adoption
  2. 2 Whether just satisfaction awards under Article 41 should be maintained in the absence of an injured party

Ratio Decidendi

In the absence of an injured party following the applicant's death and no heir expressing a wish to pursue the application, the just satisfaction awards under Article 41 must be revised and rejected, though the case examination continues for the sake of human rights and good administration of justice.

Court Disposition

request for revision allowed; just satisfaction claims dismissed for application no. 10346/03

Orders

  • Government's request for revision of the judgment of 24 October 2017 declared admissible
  • Judgment of 24 October 2017 revised as regards Article 41 in respect of application no. 10346/03