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ALEXA AND OTHERS v. ROMANIA
Doc ref: 42161/13 • ECHR ID: 001-196459
Document date: September 12, 2019
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ALEXA AND OTHERS v. ROMANIA
Doc ref: 42161/13 • ECHR ID: 001-196459
Document date: September 12, 2019
Cited paragraphs only
Communicated on 12 September 2019
FOURTH SECTION
Application no. 42161/13 Viorica ALEXA and others against Romania lodged on 18 June 2013
SUBJECT MATTER OF THE CASE
The application concerns the rejection by the Timi ş oara Court of Appeal in its judgment of 18 December 2012 (drafted on 18 February 2013) of the applicants ’ - parents and siblings of a person killed in a car accident - request for non-pecuniary damages from the person found guilty for the accident, for failure to prove their psychological sufferance and their emotional links with the deceased.
Relying on Article 6 § 1 of the Convention the applicants complained about the lack of fair hearing alleging that their request for non ‑ pecuniary damages had been rejected by the domestic court in breach of the applicable legislation and practice which provided that no proof of psychological sufferance or emotional links was required from first degree relatives of a deceased person.
QUESTION tO THE PARTIES
Did the applicants have a fair hearing by a court in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention, with regard to the manner in which the Timişoara Court of Appeal examined their request for non-pecuniary damages for unlawful acts committed by a private person?
The Government are invited to submit examples of case-law on the issue of the compensation awarded by the domestic courts in respect of non ‑ pecuniary damage caused by unlawful acts committed by private persons and to indicate whether the current case is a particular one or whether it corresponds to a constant practice to demand proof of emotional links and psychological sufferance from the immediate family (parents and siblings) of a person deceased as a result of unlawful acts committed by private persons.
APPENDIX
No.
Applicant ’ s Name
Birth year
Nationality
Place of residence
Dumitru ALEXA
1949Romanian
Roma
Viorica ALEXA
1951Romanian
Roma
Marius ALEXA
1972Romanian
P î ncota
Estera MAFTEI
1973Romanian
Roma
Violeta PANAINTE
1974Romanian
Răchiți
Claudia BALINT
1975Romanian
Aldești
Mitică ALEXA
1977Romanian
Agrișu Mare
Onisim ALEXA
1978Romanian
Pî ncota
Ofelia DRAGOSIN
1981Romanian
TemereÈ™ ti
Paul ALEXA
1983Romanian
Agrișu Mare
Iosif ALEXA
1984Romanian
Pî ncota
Beniamin ALEXA
1985Romanian
AgriÈ™ u Mare
Iulia BERFELA
1987Romanian
Pîncota
Valentin ALEXA
1988Romanian
Pîncota
Ligia ALEXA
1989Romanian
Pîncota
Ovidiu ALEXA
1993Romanian
Pîncota
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