Judgement 32662/20

Applicant name VASSALLO
Applicant type Natural person
Number of applicants 1
Country HUNGARY
Application no. 32662/20
Date 26/10/2023
Judges Alena Poláčková, President,
 Péter Paczolay,
 Gilberto Felici
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Procedural safeguards implicit in Article 8 ECHR
Type of privacy Procedural privacy; relational privacy
Keywords Family reunion
Facts of the case Mother takes the children to another country, away from the father
AnalysisAlthough the primary interference with the applicant’s family life may not be attributed to the State, but rather to the action of the mother, who took their children to Hungary, the state is under a positive obligation to ensure swift family reunion. The ECtHR points out that it took the domestic courts approximately three years and nine months to deal with the matter, after examining the case twelve times before four instances. Thus there has been a violation of Article 8 ECHR
Other Article violation? No
Damage awarded (a) that the respondent State is to pay the applicant, within three months, the following amounts:
(i) EUR 4,000 (four thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage;
(ii) EUR 9,000 (nine thousand euros), plus any tax that may be chargeable, in respect of non‑pecuniary damage;
(iii) EUR 4,000 (four thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment