Judgment 20949/21

Applicant name MITREVSKA
Applicant type natural person
Number of applicants 1
Country North Macedonia
Application no. 20949/21
Date 14/05/2024
Judges Arnfinn Bårdsen, President,
 Jovan Ilievski,
 Pauliine Koskelo,
 Saadet Yüksel,
 Lorraine Schembri Orland,
 Diana Sârcu,
 Davor Derenčinović
Institution Court
Type Judgment
Outcome Art. 8 violation
Reason no fair balance
Type of privacy Private life; Relational privacy; procedural privacy
Keywords Biological identity
Facts of the case The applicant complained about the inability to obtain information concerning her adoption. 
Analysis The Court bears in mind the sensitivity of the issue at hand and does not underestimate the impact that a disclosure of adoption-related information may have on the persons concerned. It notes the absence of a possibility to obtain access to non-identifying information. In view of the above considerations, it finds that the domestic authorities failed to strike a balance between the competing interests at stake and thus overstepped the margin of appreciation afforded to them.
Other Article violation?
Damage awarded hat the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 1,440 (one thousand four hundred and forty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(iii) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Documents Judgment