THIRD SECTION

Application no. 66299/12 Cosmin Mihai DEACONU and Alexandru Bogdan DEACONU against Romania lodged on 9 October 2012

STATEMENT OF FACTS

The applicant s , Mr Cosmin Mihai Deaconu and Mr Alexandru Bogdan Deaconu , are Romanian national s , who were born and live in Bucharest . They are represented before the Court by Mr M. B. Petre , a lawyer practising in Bucharest .

The facts of the case, as submitted by the applicant , may be summarised as follows.

On 20 July 2010 the applicants ’ sister, nine years old at the time, was grievously injured in a car accident. She was immediately admitted to hospital where, after four days of intense suffering she died.

A criminal investigation for involuntary manslaughter was initiated against the driver of the car. It was established that while driving at about ninety ‑ two kilometres per hour (when the speed limit was 50 kilometres per hour) she lost control of her car and entered the pavement where the applicant ’ s sister was.

On 26 September 2010 during pre-trial investigation the applicants, their mother and their older brothers claimed damages in criminal proceedings. On 24 October 2011 the Bucharest District Court severed the civil claims from the criminal proceedings.

On 6 December 2011 the Bucharest District court awarded to each civil party (including the applicants) 100,000 euros (EUR) in compensation for non ‑ pecuniary damage. It held that between the civil parties and the nine year old girl there was a strong affective relationship and the girl ’ s violent death caused intense pain to her family. It ordered the driver ’ s insurance company to pay the damages.

All the parties appealed against the judgment.

On 9 April 2012 the Bucharest Court of Appeal allowed the appeal on points of law lodged by the insurance company. It ordered the driver of the car to pay the damages, holding that the insurance company ’ s liability was only contractual and therefore subsidiary. The court further dismissed the applicants ‘ claim for non-pecuniary damage on the grounds that at the time of their sister ’ s accident they were younger than fourteen and therefore they were not conscientious about the negative consequences of her death. The court also decreased the award in respect of non ‑ pecuniary damage to EUR 50,000 for their mother and to EUR 25,000 for each of the two major brothers.

COMPLAINT

The applicant s complain under Article 14 of the Convention taken in conjunction with Article 1 of Protocol No 1 to the Convention that they suffered discrimination on grounds of age regarding the award of compensation for non-pecuniary damage in connection with their sister ’ s death.

QUESTION TO THE PARTIES

Have the applicants suffered discrimination in the enjoyment of their Convention rights on the ground of the dismissal of their claims for compensation in connection with their sister ’ s death , contrary to Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1 to the Convention?