HAGIESCU AND OTHERS v. ROMANIA - 7901/02 (Judgment (Revision) : Court (Third Section))

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Former Third Section), sitting as a Chamber composed of:

��������� Luis L�pez Guerra, President, ��������� Kristina Pardalos, ��������� Helen Keller, ��������� Helena J�derblom, ��������� Valeriu Griţco, ��������� Iulia Motoc, ��������� Branko Lubarda, judges, and Fatoş Aracı, Deputy Section Registrar ,

The case originated in an application (no. 7901/02 ) against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by three Romanian nationals, Mr Mircea Dumitru Grigore Hagiescu, Mr Andrei-Grigore Alexandrescu and Ms Domnica-Suzana Manicatide (�the applicants�), on 29 January 2002.

. In a judgment delivered on 13 November 2008 (�the principal judgment�), the Court held that there has been a violation of Article 6 � 1 of the Convention and of Article 1 of Protocol No. 1 as a result of the infringement of their right of access to a court and the failure by the authorities to strike a fair balance between the public interest on the one hand and the applicants� property right on the other (see Hagiescu and Others v. Romania , no. 7901/02 , 13 November 2008). The Court reserved the question of the application of Article 41 of the Convention as it was not ready for decision.