NEGHINA AND OTHERS v. ROMANIA - 37620/15 (Judgment : Struck out of the list : Fourth Section Committee) [2021] ECHR 894 (28 October 2021)

NEGHINA AND OTHERS v. ROMANIA - 37620/15 (Judgment : Struck out of the list : Fourth Section Committee) [2021] ECHR 894 (28 October 2021)

The applicant's death before judgment adoption constitutes a decisive fact unknown to the Court, justifying revision. No heirs expressed interest in pursuing the application, so it is no longer justified to continue examination and the application should be struck out.

Citation
[2021] ECHR 894
Parties
Applicants: Neghină and Others; Respondent: Romanian Government; Applicant (application No. 56086/15): Dorin Albu
Jurisdiction
European Union
Judgment Date
28 October 2021
Procedural Posture
Request for Revision of Judgment / Revision Judgment
Outcome
application struck out; judgment revised
Legal Topics
Revision of Judgment, Strike Out Application, Death of Applicant, Just Satisfaction
Human Rights Prison Law Revision of Judgment Strike Out Application Death of Applicant Just Satisfaction

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Parties

Neghină and Others

Applicants

Romanian Government

Respondent

Dorin Albu

Applicant (application No. 56086/15)

Procedural Posture

Request for Revision of Judgment / Revision Judgment

Legal Issues

  1. 1 Whether the judgment should be revised due to the applicant's death before adoption
  2. 2 Whether heirs are entitled to pursue proceedings and receive just satisfaction
  3. 3 Whether application should be struck out due to lack of interest from heirs

Ratio Decidendi

The applicant's death before judgment adoption constitutes a decisive fact unknown to the Court, justifying revision. No heirs expressed interest in pursuing the application, so it is no longer justified to continue examination and the application should be struck out.

Court Disposition

application struck out; judgment revised

Orders

  • Judgment of 21 January 2021 revised in respect of application no. 56086/15
  • Application no. 56086/15 struck out of the Court’s list of cases