MOLDOVAN AND OTHERS v. ROMANIA - 45619/16 (Struck out of the list : Fourth Section Committee) [2024] ECHR 554 (20 June 2024)

MOLDOVAN AND OTHERS v. ROMANIA - 45619/16 (Struck out of the list : Fourth Section Committee) [2024] ECHR 554 (20 June 2024)

The applicant's death before the judgment was adopted constitutes a decisive fact justifying revision. No heirs expressed a wish to pursue the application, so it is no longer justified to continue its examination. The application is struck out and the judgment revised accordingly.

Citation
[2024] ECHR 554
Parties
Applicants: Moldovan and Others; Respondent: Romania
Jurisdiction
European Union
Judgment Date
20 June 2024
Procedural Posture
Revision of Judgment / Post Judgment Revision
Outcome
application struck out; judgment revised
Legal Topics
Revision of Judgment, Death of Applicant, Striking Out Applications, Just Satisfaction
Human Rights Law Procedural Law Revision of Judgment Death of Applicant Striking Out Applications Just Satisfaction

Case Brief

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Parties

Moldovan and Others

Applicants

Romania

Respondent

Procedural Posture

Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the judgment of 21 September 2023 should be revised due to the applicant's death before its adoption
  2. 2 Whether the application should be struck out in the absence of heirs wishing to pursue it

Ratio Decidendi

The applicant's death before the judgment was adopted constitutes a decisive fact justifying revision. No heirs expressed a wish to pursue the application, so it is no longer justified to continue its examination. The application is struck out and the judgment revised accordingly.

Court Disposition

application struck out; judgment revised

Orders

  • The judgment of 21 September 2023 is revised in respect of application no. 58249/16.
  • Application no. 58249/16, lodged by Mr Dumitru Mardare, is struck out of the list of cases.