Judgment 12141/16

Applicant name HORVATOVICH
Applicant type natural person
Number of applicants 1
Application no. 12141/16
Date 09/03/2023
Judges Alena Poláčková, President,
 Péter Paczolay,
 Gilberto Felici
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacy Procedural privacy
Keywords Decision making process; access to child
Facts of the case The Court observes that the District Court’s decision on contact arrangements was in force but not implemented until B. reached adulthood.
AnalysisThe delays in the domestic proceedings proved decisive for the applicant’s future relations with his daughter and thus had a particular quality of irreversibility. The considerable length of time for which the contact arrangement remained unenforced frustrated the applicant’s rights and eventually meant that the passage of time led to the de facto determination of the matter.
Other Article violation?
Damage awarded that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 8,000 (eight thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 4,000 (four thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment