NOSOV AND OTHERS v. RUSSIA - 9117/04 10441/04 - Chamber Judgment [2015] ECHR 38 (15 January 2015)

NOSOV AND OTHERS v. RUSSIA - 9117/04 10441/04 - Chamber Judgment [2015] ECHR 38 (15 January 2015)

The Court found that the death of the applicant before the judgment was a decisive fact justifying revision, and that the award should be paid to his heir.

Citation
[2015] ECHR 38
Parties
Applicants: Nosov and Others; Respondent: Russian Federation; Heir of Deceased Applicant (mr Mairan Zaurbekovich Ramonov): Mrs Rita Khristoforovna Tekhova
Jurisdiction
European Union
Judgment Date
15 January 2015
Procedural Posture
Application for Revision of Judgment / Post Judgment Revision
Outcome
judgment revised; award payable to heir
Legal Topics
Revision of Judgment, Succession of Claims, Non Pecuniary Damages, Delayed Execution of Judgments
Human Rights Law Revision of Judgment Succession of Claims Non Pecuniary Damages Delayed Execution of Judgments

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Parties

Nosov and Others

Applicants

Russian Federation

Respondent

Mrs Rita Khristoforovna Tekhova

Heir of Deceased Applicant (mr Mairan Zaurbekovich Ramonov)

Procedural Posture

Application for Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Whether the judgment should be revised to substitute the deceased applicant's heir as beneficiary of the award

Ratio Decidendi

The Court found that the death of the applicant before the judgment was a decisive fact justifying revision, and that the award should be paid to his heir.

Court Disposition

judgment revised; award payable to heir

Orders

  • The judgment of 28 January 2014 is revised as regards the claim of the deceased applicant Mr Mairan Zaurbekovich Ramonov.
  • The respondent State is to pay Mrs Rita Khristoforovna Tekhova EUR 2,000 in respect of non-pecuniary damage, within three months, converted to the respondent State's currency at the settlement date rate.