SILASOVA AND OTHERS v. SLOVAKIA - 36140/10 (Judgment : Pecuniary damage - award : Third Section) [2018] ECHR 101 (30 January 2018)

SILASOVA AND OTHERS v. SLOVAKIA - 36140/10 (Judgment : Pecuniary damage - award : Third Section) [2018] ECHR 101 (30 January 2018)

The death of Ms Jolana Dorčíková prior to the judgment, and the absence of any heir expressing a wish to pursue the application in her stead, requires the application to be struck out in so far as it relates to her, and the awards for damages and costs to be modified accordingly.

Citation
[2018] ECHR 101
Parties
Applicants: Ms Jolana Dorčíková and nineteen other Slovak nationals; Respondent: Slovak Republic
Jurisdiction
European Union
Judgment Date
30 January 2018
Procedural Posture
Application for Revision of Judgment (european Court of Human Rights) / Post Judgment Revision
Outcome
Judgment revised; application struck out as regards Ms Jolana Dorčíková; remainder of application admissible; awards modified.
Legal Topics
Revision of Judgment, Compulsory Letting of Land, Inheritance and Succession in Proceedings, Just Satisfaction Under ECHR
Human Rights Law Property Law Revision of Judgment Compulsory Letting of Land Inheritance and Succession in Proceedings Just Satisfaction Under ECHR

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Parties

Ms Jolana Dorčíková and nineteen other Slovak nationals

Applicants

Slovak Republic

Respondent

Procedural Posture

Application for Revision of Judgment (european Court of Human Rights) / Post Judgment Revision

Legal Issues

  1. 1 Whether the death of an applicant prior to judgment requires revision of the original judgment
  2. 2 Whether heirs of a deceased applicant wish to pursue the application
  3. 3 Modification of awards for pecuniary and non-pecuniary damages after applicant's death

Ratio Decidendi

The death of Ms Jolana Dorčíková prior to the judgment, and the absence of any heir expressing a wish to pursue the application in her stead, requires the application to be struck out in so far as it relates to her, and the awards for damages and costs to be modified accordingly.

Court Disposition

Judgment revised; application struck out as regards Ms Jolana Dorčíková; remainder of application admissible; awards modified.

Orders

  • Judgment of 28 June 2016 revised.
  • Application struck out in so far as brought by Ms Jolana Dorčíková.