CEDH · PRESS;GENERAL;ENG — 7 octobre 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s7ED160F0 { text-decoration:none } .s48F8B750 { font-size:8pt; display:none } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s23A41E03 { width:36pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS [Note1]     481   7.10.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF PLA AND PUNCERNAU v. ANDORRA   Wednesday 7 October 2003 at 9.30 a.m.   The applicants   The case concerns an application (no. 69498/01) brought by two Andorran nationals. The first applicant, Antoni Pla Puncernau, is the adopted son of the second applicant, Roser Puncernau Pedro, and Francesc Pla Guash (who died in 1996). Ms Puncernau Pedro is the guardian of her son, who is mentally disabled. Both applicants live in Andorra.   Summary of the facts   In 1939 Carolina Pujol Oller, Mr Pla Guash’s mother, drew up a will leaving him her estate, a group of houses. One of the clauses stipulated that her son was to pass on his inheritance to a child or grandchild “issuing from a legitimate and canonical marriage”. In the event of failure to satisfy those conditions, the estate was to pass to the children and grandchildren of Mrs Pujol Oller’s daughters. Mr Pla Guash married Roser and, in 1969, they adopted Antoni, assuming full parental responsibility. In 1995, one year before his death, Mr Pla Guash bequeathed the property he had inherited to Antoni, giving Roser a life-interest in the estate.   In 1996, considering that Antoni, as an adopted child, could not inherit under the will made in 1939, two great-granddaughters of Carolina Pujol Oller brought a civil action in the Magistrates’ Court ( Tribunal de Batlles ), which dismissed their claim. On appeal, the High Court of Justice set aside that judgment on 18 May 2000. Finding in the claimants’ favour, it declared that they were the rightful heirs to their great-grandmother’s estate and ordered the applicants to hand over the property in question. The applicants appealed unsuccessfully.   Complaints   Relying on Article 8 (right to respect for private and family life) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights, the applicants complain that the decisions given by the High Court of Justice and the Constitutional Court discriminated against them with regard to inheritance rights on the basis of descent.   Procedure   The application [Note2] was lodged on 16 May 2001 and declared admissible on 27 May 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows: [Note3]   Nicolas Bratza (British), President , Viera Strážnická (Slovakian), Marc Fischbach (Luxemburger), Josep Casadevall (Andorran), Lech Garlicki (Polish), Stanislav Pavlovschi (Moldovan), Rait Maruste (Estonian), judges , Javier Borrego Borrego (Spanish) , Elisabet Fura-Sandström (Swedish) , substitute judges , and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government:   Ms Rosa Castellón Sánchez , Agent , Mr Marc Vila Amigó , Counsel, Ms   Mireille Fernández Llorens , Mr Jorge Medina Ortiz , Advisers ;   Applicants:   Mr Manuel M. Pujadas , Ms Catalina Llufriu , Ms Vanessa Durich , Counsel .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.   [Note1]   Press release for hearings . To be saved in PowerDocs as follows: (1) Document Name: case name [+ date] + language (e.g. Sliven 31012003E or C.T. v. Finland 31012003E ), (2)   Document type: PR, (3) Group: PRESS, (4) Subject: H . When you have completed your document, run the “CleanUpMyDocumentToBePublished” macro to remove all comments or remove them manually. [Note2]   For applications after 1 November 1998. [Note3]   For Mr Caflisch, add the following footnote: “Elected as the judge in respect of Liechtenstein.”