MOCANU AND OTHERS v. ROMANIA - 18213/16 (Judgment : Struck out of the list : Fourth Section Committee) [2023] ECHR 2 (12 January 2023)

MOCANU AND OTHERS v. ROMANIA - 18213/16 (Judgment : Struck out of the list : Fourth Section Committee) [2023] ECHR 2 (12 January 2023)

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

Citation
[2023] ECHR 2
Parties
Applicants: Mocanu and Others; Respondent: Romanian Government; Applicant (deceased): Mr Gabriel Șchiopu
Jurisdiction
European Union
Judgment Date
12 January 2023
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, Just Satisfaction, Article 3 ECHR, Article 37 ECHR
Human Rights Law Procedural Law Revision of Judgment Striking Out Applications Death of Applicant Just Satisfaction Article 3 ECHR Article 37 ECHR

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Parties

Mocanu and Others

Applicants

Romanian Government

Respondent

Mr Gabriel Șchiopu

Applicant (deceased)

Procedural Posture

Request for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the judgment of 5 May 2022 should be revised due to the applicant's death before judgment was adopted
  2. 2 Whether application no. 1245/17 should be struck out as no heirs expressed interest in pursuing the case

Ratio Decidendi

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

Court Disposition

judgment revised; application struck out

Orders

  • The judgment of 5 May 2022 is revised in respect of application no. 1245/17.
  • Application no. 1245/17, lodged by Mr Gabriel Șchiopu, is struck out of the list of cases.