Saturday, September 18, 2004

Update Cedo-Stoicescu v. Romania (no. 31551/96)

Stoicescu v. Romania (no. 31551/96) Revision[1],

inca un offspring al cazului Brumarescu(desi datele introducerii dosarului imi par apropriate, ca timp de cele ale lui poate,desigur sa ma insel)-interesanta evaloarea pecuniara a proprietatii...

Stefan Stoicescu is a Romanian national who was born in 1940 and lives in Bucharest. In his capacity as heir, he brought an action for restitution of a house in Bucharest, which had belonged to his aunt and had been nationalised by the State in 1950. Relying on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property), the applicant complained, among other things, of the national courts’ refusal to return the building in question to him.

In a judgment of 4 March 2003 a Chamber of the European Court of Human Rights held that there had been a violation of Article 6 § 1 of the Convention on account of the lack of a fair hearing and the denial of access to court, and a violation of Article 1 of Protocol No. 1. The Court ordered the Romanian State to return the property in question to the applicant or, failing that, to pay him 270,000 euros (EUR) for pecuniary damage. It also awarded him EUR 6,000 for non-pecuniary damage.

The Romanian Government requested revision of the Court’s judgment of 4 March 2003 on account of the discovery of a new fact, namely that the applicant had lost his status as heir when his certificate of inheritance was declared void.


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