| Applicant name | GIANNAKOPOULOS |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Greece |
| Application no. | 20503/20 |
| Date | 03/12/2024 |
| Judges | Peeter Roosma, President, Ioannis Ktistakis, Lətif Hüseynov, Darian Pavli, Oddný Mjöll Arnardóttir, Diana Kovatcheva, Mateja Đurović |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | no violation |
| Reason | Positive obligation |
| Type of privacy | relational privacy |
| Keywords | custody |
| Facts of the case | The applicant complained that the domestic courts, by rejecting his application for custody of his children on the grounds that they had no jurisdiction, had violated his right to respect for his family life as guaranteed by Article 8 of the Convention |
| Analysis | Based on the above, there has been an interference with the applicant’s right to respect for his family life and therefore, the Government’s objection as regards the lack of victim status must be dismissed. The Greek courts examined the case and gave judgments that paid particular consideration to the principle of the paramountcy of the interests of the children – who appeared to be very well integrated into their new environment. Their decisions do not appear arbitrary. The Court therefore finds no imperative reason to depart from the domestic courts’ findings in the case. The Court concludes that, having particular regard to the need to address the specific facts in children cases, the Greek courts’ assessment of the case in the light of the requirements of the Brussels II bis Regulation did not amount to a violation of Article 8 of the Convention, as it was proportionate to the legitimate aim pursued. The Court thus dismisses that the Government’s objection as regards the lack of victim status on the part of the applicant and concludes that there has been no violation of Article 8 of the Convention. |
| Other Article violation? | – |
| Damage awarded | – |
| Documents | Judgment |