Pla and Puncernau avt Andorra - 69498/01 [2011] ECHR 1575 (08 August 2011)

The exclusion of a fully adopted child from inheritance based solely on filiation constitutes discrimination contrary to Article 14 read with Article 8 of the Convention.

Citation: [2011] ECHR 1575
Parties: Applicants: Pla and Puncernau; Respondent State: Andorra
Jurisdiction: European Union
Judgment Date: 08 August 2011
Procedural Posture: Application to the European Court of Human Rights / Execution of Judgment and Friendly Settlement
Outcome: Case struck out following friendly settlement and payment of just satisfaction.
Legal Topics: Discrimination in Inheritance, Adoption and Succession, Interpretation of Testamentary Provisions

Human Rights Law Inheritance Law Discrimination in Inheritance Adoption and Succession Interpretation of Testamentary Provisions

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Parties

Pla and Puncernau

Applicants

Andorra

Respondent State

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Friendly Settlement

Legal Issues

1 Whether exclusion of an adopted child from inheritance constitutes discrimination under Article 14 in conjunction with Article 8 of the Convention
2 Proper interpretation of testamentary provisions regarding adopted children

Ratio Decidendi

The exclusion of a fully adopted child from inheritance based solely on filiation constitutes discrimination contrary to Article 14 read with Article 8 of the Convention.

Court Disposition

Case struck out following friendly settlement and payment of just satisfaction.

Orders

Payment of 980,000 EUR to applicants' heirs as just satisfaction for pecuniary and non-pecuniary damages.
Publication of the judgment in the Official Bulletin of the Principality of Andorra.