HORHAT v. ROMANIA - 53173/10 (Judgment : Non-pecuniary damage - award : Fourth Section Committee) [2021] ECHR 339 (20 April 2021)

HORHAT v. ROMANIA - 53173/10 (Judgment : Non-pecuniary damage - award : Fourth Section Committee) [2021] ECHR 339 (20 April 2021)

The applicant's death before judgment was a decisive fact affecting allocation of just satisfaction; the widow has legitimate interest and standing to pursue the application; revision is warranted and the awarded sums are payable to the widow.

Citation
[2021] ECHR 339
Parties
Applicant: Ioan Horhat; Respondent: Romania; Applicant's Widow and Representative: Iuliana Horhat
Jurisdiction
European Union
Judgment Date
20 April 2021
Procedural Posture
Application for Revision of Judgment / Post Final Judgment Revision
Outcome
judgment revised; just satisfaction awarded to applicant's widow
Legal Topics
Revision of Judgment, Right Not to Be Tried Twice, Just Satisfaction, Standing of Heirs
Human Rights Law Procedural Law Revision of Judgment Right Not to Be Tried Twice Just Satisfaction Standing of Heirs

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Parties

Ioan Horhat

Applicant

Romania

Respondent

Iuliana Horhat

Applicant's Widow and Representative

Procedural Posture

Application for Revision of Judgment / Post Final Judgment Revision

Legal Issues

  1. 1 Whether the applicant's death before judgment affects execution and allocation of just satisfaction
  2. 2 Whether the applicant's widow has standing to pursue the application
  3. 3 Whether revision of the judgment is warranted under Rule 80 of the Rules of Court

Ratio Decidendi

The applicant's death before judgment was a decisive fact affecting allocation of just satisfaction; the widow has legitimate interest and standing to pursue the application; revision is warranted and the awarded sums are payable to the widow.

Court Disposition

judgment revised; just satisfaction awarded to applicant's widow

Orders

  • Respondent State to pay Ms Iuliana Horhat EUR 5,000 plus any tax for non-pecuniary damage within three months, converted to local currency at settlement date rate.
  • Respondent State to pay Ms Iuliana Horhat EUR 1,570 plus any tax for costs and expenses within three months, converted to local currency at settlement date rate.