Information Note on the Court’s case-law No. 121
July 2009
Dupin v. Croatia (dec.) - 36868/03
Decision 7.7.2009 [Section I]
Article 35
Article 35-3
Ratione personae
Wife wishing to pursue application filed on behalf of her late husband months after his death: inadmissible
The application was lodged on 31 October 2003 in the name of Mr Vladimir Dupin. During the procedure before the Court, it was established that he had died on 13 March 2003. His wife expressed her intention to take over the proceedings instituted by her late husband.
Inadmissible: An application could not be brought in the name of a deceased person, not even through a representative. Since Mr Dupin had died more than seven months before his representatives introduced the application in his name, the case had not been brought by a person who could be regarded as an applicant for the purposes of Article 34 of the Convention: incompatible ratione personae.
As regards the late Mr Dupin’s wife, the Court considered that she could not pursue the application in his place because he had never taken part in proceedings before the Court: inadmissible.
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This summary by the Registry does not bind the Court.
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