ALEXANDRESCU AND OTHERS v. ROMANIA - 56842/08 (Judgment : Struck out of the list (Article 37-1 - Striking out applications)) [2017] ECHR 292 (28 March 2017)

ALEXANDRESCU AND OTHERS v. ROMANIA - 56842/08 (Judgment : Struck out of the list (Article 37-1 - Striking out applications)) [2017] ECHR 292 (28 March 2017)

The applicants’ deaths before the judgment constituted a decisive fact unknown to the Court and the Government at the time of judgment. No heirs expressed a wish to pursue the applications. Therefore, the requirements for revision and striking out the applications were met.

Citation
[2017] ECHR 292
Parties
Applicants: Alexandrescu and Others; Respondent: Romanian Government
Jurisdiction
European Union
Judgment Date
28 March 2017
Procedural Posture
Revision of Judgment / Post Judgment Revision Request
Outcome
Applications struck out; judgment revised
Legal Topics
Revision of Judgment, Striking Out Applications, Death of Applicant, Article 6 of the Convention, Article 37 of the Convention
Human Rights Law Procedural Law Revision of Judgment Striking Out Applications Death of Applicant Article 6 of the Convention Article 37 of the Convention

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Parties

Alexandrescu and Others

Applicants

Romanian Government

Respondent

Procedural Posture

Revision of Judgment / Post Judgment Revision Request

Legal Issues

  1. 1 Whether the death of applicants prior to judgment justifies revision and striking out of applications
  2. 2 Whether the Government's request for revision meets the requirements of Rule 80 of the Rules of Court

Ratio Decidendi

The applicants’ deaths before the judgment constituted a decisive fact unknown to the Court and the Government at the time of judgment. No heirs expressed a wish to pursue the applications. Therefore, the requirements for revision and striking out the applications were met.

Court Disposition

Applications struck out; judgment revised

Orders

  • The judgment of 24 November 2015 is revised in respect of applications nos. 724/09 and 11022/09.
  • Applications nos. 724/09 (Mr Cristian Pațurcă) and 11022/09 (Mrs Laura Veronica Stoica) are struck out of the list.