| Applicant name | HORVATOVICH |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | HUNGARY |
| 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. |
| Analysis | The 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 |