| Applicant name | KOSTIĆ |
| Applicant type | natural |
| Number of applicants | 1 |
| Country | SERBIA |
| Application no. | 31530/20 |
| Date | 02/07/2024 |
| Judges | Anne Louise Bormann, President, Branko Lubarda, Sebastian Răduleţu |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | No adequate compensation |
| Type of privacy | procedural privacy; relational privacy |
| Keywords | Custody; compensation |
| Facts of the case | The application concerns the non-enforcement of the applicant’s contact rights with his son, as granted by a final judgment. |
| Analysis | The Constitutional Court also awarded the applicant compensation in the amount of EUR 1,200 for the non-pecuniary damage suffered. It concerned its findings of a violation of the applicant’s contact rights and the excessive length of the proceedings . The Court does not consider that the level of compensation awarded at domestic level can be considered as appropriate and sufficient to remove the status of victim of the applicant. The Court therefore dismisses the Government’s objection in this regard and concludes that there has been a violation of Article 8 of the Convention. |
| Other Article violation? | – |
| Damage awarded | Holds (a) that the respondent State is to pay the applicant, within three months, EUR 3,300 (three thousand three hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, which is to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. |
| Documents | Judgment |