SAMOILA v. ROMANIA - 19994/04 (Judgment (Revision) : Court (Third Section)) French Text [2016] ECHR 817 (04 October 2016)

SAMOILA v. ROMANIA - 19994/04 (Judgment (Revision) : Court (Third Section)) French Text [2016] ECHR 817 (04 October 2016)

The applicant's death before the original judgment was a decisive fact unknown to the Court, justifying revision. The heirs did not wish to pursue the case, so the application was struck out under Article 37 § 1 of the Convention.

Source-derived case information.

Citation
[2016] ECHR 817
Parties
Applicant: Gheorghe Samoilă; Respondent: Romania
Jurisdiction
European Union
Judgment Date
04 October 2016
Procedural Posture
Application for Revision of Judgment / Post Judgment Revision
Outcome
Application struck out; revision of previous judgment granted
Legal Topics
Revision of Judgment, Right to a Fair Trial, Article 6 ECHR, Article 37 ECHR, Death of Applicant, Striking Out Applications
Human Rights Law Civil Procedure Revision of Judgment Right to a Fair Trial Article 6 ECHR Article 37 ECHR Death of Applicant Striking Out Applications

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Parties

Gheorghe Samoilă

Applicant

Romania

Respondent

Procedural Posture

Application for Revision of Judgment / Post Judgment Revision

  1. 1 Whether the death of the applicant prior to the original judgment justifies revision of the judgment under Article 80 of the Rules of Court
  2. 2 Whether the case should be struck out under Article 37 § 1 of the Convention due to lack of interest from heirs

Ratio Decidendi

The applicant's death before the original judgment was a decisive fact unknown to the Court, justifying revision. The heirs did not wish to pursue the case, so the application was struck out under Article 37 § 1 of the Convention.

Court Disposition

Application struck out; revision of previous judgment granted

Orders

  • The request for revision of the judgment of 16 July 2015 is granted.
  • The application is struck out of the list.