PASCOI AND OTHERS v. ROMANIA - 8675/06 (Judgment : Struck out of the list) [2017] ECHR 950 (31 October 2017)

PASCOI AND OTHERS v. ROMANIA - 8675/06 (Judgment : Struck out of the list) [2017] ECHR 950 (31 October 2017)

The deaths of the applicants before the judgment were decisive facts unknown to the Court and the Government at the time of judgment. No heirs or representatives expressed a wish to pursue the proceedings. Therefore, the applications concerning the deceased applicants must be struck out and the judgment revised accordingly.

Citation
[2017] ECHR 950
Parties
Applicant: Ileana Pascoi; Applicant: Ionel Stănescu; Applicant: Gheorghe Podaru; Applicant: Victor Soltuz-Mocanu; Applicant: Dobre Ivan; Applicant: Manole Grosu; Respondent: Romania
Jurisdiction
European Union
Judgment Date
31 October 2017
Procedural Posture
Request for Revision of Judgment / Post Judgment Revision
Outcome
Judgment revised; applications of deceased applicants struck out
Legal Topics
Revision of Judgment, Non Enforcement of Domestic Judgments, Death of Applicant, Striking Out Applications
Human Rights Law Civil Procedure Revision of Judgment Non Enforcement of Domestic Judgments Death of Applicant Striking Out Applications

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Parties

Ileana Pascoi

Applicant

Ionel Stănescu

Applicant

Gheorghe Podaru

Applicant

Victor Soltuz-Mocanu

Applicant

Dobre Ivan

Applicant

Manole Grosu

Applicant

Romania

Respondent

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the deaths of applicants prior to judgment constitute a decisive fact justifying revision under Rule 80 of the Rules of Court
  2. 2 Whether applications should be struck out in absence of heirs wishing to pursue the case

Ratio Decidendi

The deaths of the applicants before the judgment were decisive facts unknown to the Court and the Government at the time of judgment. No heirs or representatives expressed a wish to pursue the proceedings. Therefore, the applications concerning the deceased applicants must be struck out and the judgment revised accordingly.

Court Disposition

Judgment revised; applications of deceased applicants struck out

Orders

  • The judgment of 7 January 2016 is revised in so far as it relates to Ileana Pascoi, Ionel Stănescu, Gheorghe Podaru, Victor Soltuz-Mocanu, Dobre Ivan and Manole Grosu.
  • The applications are struck out of the list of cases in so far as they concern the complaints of these applicants.