Applicant name KURTZ and SELTMANN
Applicant type Natural Person
Country Germany
Decision no. 2707/66
Date 04/04/1967
Institution Commission
Type Decision
Outcome Art. 8 Struck from the list
Reason Settlement reached
Type of privacy Family Privacy
Keywords Family life; custody child; divorced parents
Facts of the case Child lives with father and relatives of father; after a couple of years, the mother, who has led a wondering life, claims custody over her child. However, after the submission of the application, a settlement has been reached in which the mother agrees that the child would live with her father and his relatives.
Analysis The hope of the Convention authors was that most applications brought before the Commission and the Court would actually not require a decision in substance. The idea was the if the Commission would declare a case admissible, this in and by itself would be enough for a government to double check its own conduct and to offer a generous settlement to the applicant if there was any reason for doing so, in order to avoid the embarrassment of a conviction by the ECtHR. The same applied, though to a lesser extent, to the submissions made to the Commission. That is why the ECHR emphasized in particular the importance of reaching settlement. It is interesting that this first case in which a settlement has been reached with respect to a claim on Article 8 ECHR was not a settlement between a government and a citizen, but between several citizens.
Documents Decision