GRANCEA AND OTHERS v. ROMANIA - 1659/16 (Judgment : Struck out of the list : Fourth Section Committee) [2020] ECHR 556 (16 July 2020)

GRANCEA AND OTHERS v. ROMANIA - 1659/16 (Judgment : Struck out of the list : Fourth Section Committee) [2020] ECHR 556 (16 July 2020)

The applicant's death before the judgment was delivered constitutes a decisive new fact justifying revision under Rule 80, and as no heirs or interested parties have come forward, the application should be struck out under Article 37 § 1(c) of the Convention.

Citation
[2020] ECHR 556
Parties
Applicants: Grancea and others; Respondent: Romanian Government; Applicant (application No. 7791/16): Costel-Cornel Calinciuc
Jurisdiction
European Union
Judgment Date
16 July 2020
Procedural Posture
Request for Revision of Judgment / Post Judgment Revision
Outcome
Judgment revised; application struck out
Legal Topics
Revision of Judgment, Striking Out Applications, Death of Applicant, Article 3 ECHR, Article 37 ECHR
Human Rights Law Procedural Law Revision of Judgment Striking Out Applications Death of Applicant Article 3 ECHR Article 37 ECHR

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Parties

Grancea and others

Applicants

Romanian Government

Respondent

Costel-Cornel Calinciuc

Applicant (application No. 7791/16)

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the death of the applicant prior to judgment constitutes a new fact justifying revision under Rule 80 of the Rules of Court
  2. 2 Whether the application should be struck out due to lack of heirs or interested parties

Ratio Decidendi

The applicant's death before the judgment was delivered constitutes a decisive new fact justifying revision under Rule 80, and as no heirs or interested parties have come forward, the application should be struck out under Article 37 § 1(c) of the Convention.

Court Disposition

Judgment revised; application struck out

Orders

  • The judgment of 16 May 2019 is revised in respect of application no. 7791/16.
  • Application no. 7791/16 is struck out of the Court’s list of cases.