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 Timişoara 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
1949
Romanian
Roma
Viorica ALEXA
1951
Romanian
Roma
Marius ALEXA
1972
Romanian
Pîncota
Estera MAFTEI
1973
Romanian
Roma
Violeta PANAINTE
1974
Romanian
Răchiți
Claudia BALINT
1975
Romanian
Aldești
Mitică ALEXA
1977
Romanian
Agrișu Mare
Onisim ALEXA
1978
Romanian
Pîncota
Ofelia DRAGOSIN
1981
Romanian
Temerești
Paul ALEXA
1983
Romanian
Agrișu Mare
Iosif ALEXA
1984
Romanian
Pîncota
Beniamin ALEXA
1985
Romanian
Agrișu Mare
Iulia BERFELA
1987
Romanian
Pîncota
Valentin ALEXA
1988
Romanian
Pîncota
Ligia ALEXA
1989
Romanian
Pîncota
Ovidiu ALEXA
1993
Romanian
Pîncota
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