PETROIU AND OTHERS v. ROMANIA - 30105/05 (Judgment (Revision) : Court (Third Section)) French Text [2016] ECHR 516 (14 June 2016)

PETROIU AND OTHERS v. ROMANIA - 30105/05 (Judgment (Revision) : Court (Third Section)) French Text [2016] ECHR 516 (14 June 2016)

The Court found that the newly discovered facts showed certain applicants no longer had victim status as their predecessors had sold their shares before succession, warranting revision of previous judgments and limiting compensation to remaining victims.

Source-derived case information.

Citation
[2016] ECHR 516
Parties
Applicant: Florica-Maria Petroiu; Applicant: Constantin Petroiu; Applicant: Florin-Constantin Stăncescu; Applicant: Mircea-Constantin Sterian; Applicant: Maria-Alexandra Sterian; Applicant: Ruxandra-Marina Stavre; Applicant: Bogdan-Andrei Sterian; Former Applicant: Maria Peicev; Former Applicant: Lidia Peicev; Former Applicant: Didona Emilia Didea; Former Applicant: Ena Rizescu (Georgescu); Former Applicant: Mihaela-Iuliana Vintilescu; Former Applicant: Ana Maria Apetrei; Former Applicant: Paraschiva Vintilescu; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Revision of Previous ECHR Judgments / Final Judgment on Revision
Outcome
Judgments of 24 November 2009 and 3 June 2014 revised; only certain applicants retain victim status and are entitled to compensation.
Legal Topics
Right to Property, Victim Status, Revision of Judgments, Article 1 of Protocol No. 1, Article 34 of the Convention
Human Rights Property Law International Law Right to Property Victim Status Revision of Judgments Article 1 of Protocol No. 1 Article 34 of the Convention

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Parties

Florica-Maria Petroiu

Applicant

Constantin Petroiu

Applicant

Florin-Constantin Stăncescu

Applicant

Mircea-Constantin Sterian

Applicant

Maria-Alexandra Sterian

Applicant

Ruxandra-Marina Stavre

Applicant

Bogdan-Andrei Sterian

Applicant

Maria Peicev

Former Applicant

Lidia Peicev

Former Applicant

Didona Emilia Didea

Former Applicant

Ena Rizescu (Georgescu)

Former Applicant

Mihaela-Iuliana Vintilescu

Former Applicant

Ana Maria Apetrei

Former Applicant

Paraschiva Vintilescu

Former Applicant

Government of Romania

Respondent

Procedural Posture

Revision of Previous ECHR Judgments / Final Judgment on Revision

  1. 1 Whether certain applicants retained victim status under Article 34 of the Convention
  2. 2 Whether revision of previous judgments is warranted due to newly discovered facts
  3. 3 Entitlement to compensation for deprivation of property

Ratio Decidendi

The Court found that the newly discovered facts showed certain applicants no longer had victim status as their predecessors had sold their shares before succession, warranting revision of previous judgments and limiting compensation to remaining victims.

Court Disposition

Judgments of 24 November 2009 and 3 June 2014 revised; only certain applicants retain victim status and are entitled to compensation.

Orders

  • Complaint under Article 1 of Protocol No. 1 admissible only for Florica-Maria Petroiu, Constantin Petroiu, Florin-Constantin Stăncescu, Mircea-Constantin Sterian, Maria-Alexandra Sterian; remainder inadmissible.
  • State must pay 142,052 EUR jointly for material damage to remaining applicants.