CIORCAN AND OTHERS v. ROMANIA - 29414/09 (Judgment (Revision) : Court (Third Section)) [2017] ECHR 56 (17 January 2017)

CIORCAN AND OTHERS v. ROMANIA - 29414/09 (Judgment (Revision) : Court (Third Section)) [2017] ECHR 56 (17 January 2017)

The death of Susana Kalanyos before the judgment is a decisive fact justifying revision under Rule 80, and in the absence of any heir wishing to pursue the application, the application should be struck out in respect of her.

Citation
[2017] ECHR 56
Parties
Applicants: Costel Ciorcan and Others; Respondent: Romania
Jurisdiction
European Union
Judgment Date
17 January 2017
Procedural Posture
Request for Revision of Judgment / Post Judgment Revision
Outcome
application struck out in respect of Susana Kalanyos; judgment revised accordingly
Legal Topics
Revision of Judgment, Death of Applicant, Striking Out Application, Article 2 ECHR, Article 3 ECHR, Article 14 ECHR
Human Rights Law Civil Procedure Revision of Judgment Death of Applicant Striking Out Application Article 2 ECHR Article 3 ECHR Article 14 ECHR

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Parties

Costel Ciorcan and Others

Applicants

Romania

Respondent

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the death of applicant Susana Kalanyos before judgment constitutes a fact justifying revision under Rule 80 of the Rules of Court
  2. 2 Whether the application should be struck out in respect of the deceased applicant

Ratio Decidendi

The death of Susana Kalanyos before the judgment is a decisive fact justifying revision under Rule 80, and in the absence of any heir wishing to pursue the application, the application should be struck out in respect of her.

Court Disposition

application struck out in respect of Susana Kalanyos; judgment revised accordingly

Orders

  • The judgment is revised in so far as it relates to Susana Kalanyos.
  • The application is struck out in so far as it concerns the complaints of Susana Kalanyos.