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 |
Analysis | Although 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 |