PAULI v. ROMANIA - 26080/04 (Judgment : Struck out of the list (Striking out applications)) French Text [2017] ECHR 995 (09 November 2017)
The death of the applicant's heir before the adoption of the judgment constitutes a decisive fact justifying revision; no further heirs expressed interest, so the application is struck out.
- Citation
- [2017] ECHR 995
- Parties
- Applicant: Persida Pauli; Respondent: Romania; Heir: Michael Pauli
- Jurisdiction
- European Union
- Judgment Date
- 09 November 2017
- Procedural Posture
- Application for Revision of Judgment / Striking Out Application
- Outcome
- application struck out
- Legal Topics
- Revision of Judgment, Striking Out Applications, Right to Fair Trial, Excessive Length of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Persida Pauli
Applicant
Romania
Respondent
Michael Pauli
Heir
Procedural Posture
Application for Revision of Judgment / Striking Out Application
Legal Issues
- 1 Whether the death of the applicant's heir warrants revision of the judgment and striking out of the application
Ratio Decidendi
The death of the applicant's heir before the adoption of the judgment constitutes a decisive fact justifying revision; no further heirs expressed interest, so the application is struck out.
Court Disposition
application struck out
Orders
- Revision of the judgment of 8 October 2013 is granted.
- The application is struck out of the list.
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