Report 6289/73

Applicant name Airey
Applicant type Natural person
Country Ireland
Decision no. 6289/73
.E .S . Fawcett
G . Sperduti
C .A . Nbrgaard
E . Busuttil
L . Kellberg
B . Daver
T . Opsahl
J . Custers
C .H .F . Polak
J .A . Frowein
C . JBrundsson
S . Trechsel
B . Kiernan
N . Klecker
Institution Commission
Type Decision
Outcome Art. 8 No violation
Reason Covered by Article 8 ECHR
Type of privacy Family privacy
Keywords Dissolution marriage
Facts of the case See Decision
Analysis The Commission has found a violation of Article 6 ECHR and then stresses: ‘The Commission is of the opinion that the alleged violation of Art . 14 in conjunction with Art . 6 (1) is essentially based on the complaint concerning the applicant’s effective access to the High Court . Since the Commission has unanimously found that the failure of the State to ensure access to the courts in this case amounts to a breach of Art . 6 (1) of the Convention it considers it unnecessary, as in the case of Luedicke, Belkacem, Koc against the Federal Republic of Germany (Report of the Commission, adopted on 18 May 1977, at p . 16) to pursue its examination of the case under this provision . The Commission reached this conclusion by a unanimous vote . 83 . The Commission further considers that, for the same reasons, it is not required to pursue its examination of the case in relation to the applicant’s allegations under Arts . 13 and 8 of the Convention .’
Documents Report