| Applicant name | JANOČKOVÁ AND KVOCERA |
| Applicant type | Natural person |
| Number of applicants | 2 |
| Country | SLOVAKIA |
| Application no. | 39980/22 |
| Date | 08/02/2024 |
| Judges | Marko Bošnjak, President, Alena Poláčková, Lətif Hüseynov, Péter Paczolay, Gilberto Felici, Erik Wennerström, Raffaele Sabato, |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Procedural requirements |
| Type of privacy | Procedural privacy; relational privacy |
| Keywords | Contact order; delay |
| Facts of the case | The applicants complained that the proceedings for the enforcement of the 2018 contact order had been too lengthy and that the manner in which they had been conducted was incompatible with the respondent State’s positive obligation to secure their right to respect for their private and family life, as provided in Article 8 of the Convention |
| Analysis | No contact between the applicants has been achieved and, save for one exception, they have not seen each other for more than five years and four months, the seriousness of which is to be regarded in connection with the second applicant’s young age. Consequently, the domestic proceedings were not as adequate and effective as could reasonably have been expected in the circumstances of the case for the facilitation of the reunion between the applicants. |
| Other Article violation? | Yes, 13+8 |
| Damage awarded | that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 5,000 (five thousand euros) each, plus any tax that may be chargeable, in respect of non-pecuniary damage, the award to the second applicant to be held for his benefit by the first applicant; |
| Documents | Judgment |