Judgment 10772/21

Applicant name FERNANDES DE ARAÚJO
Applicant type Natural person
Number of applicants 1
Country romania
Application no. 10772/21
Date 16/04/2024
Judges Faris Vehabović, President,
 Anja Seibert-Fohr,
 Sebastian Răduleţu
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacy Relational privacy
Keywords Custody; return order
Facts of the case Relying on Article 8 of the Convention, the applicant complained about the non-enforcement of the return order
AnalysisNotwithstanding the urgency inherent in matters concerning relations between parents and their children, the Court concludes that the domestic authorities did not take effective steps to enforce the return order, thus allowing it to remain ineffective for more than five years.
Other Article violation?
Damage awarded The applicant did not submit a claim for just satisfaction. Consequently, the Court considers that there is no call to award him any sum on that account.
Documents Judgment