STRUMIA v. ITALY - 53377/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 578 (23 June 2016)

STRUMIA v. ITALY - 53377/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 578 (23 June 2016)

The Court found that the Italian authorities failed to take adequate and timely measures to ensure the applicant's right to contact with his daughter, despite repeated expert recommendations and judicial decisions. The authorities' inaction and tolerance of the mother's obstruction led to the breakdown of the...

Source-derived case information.

Citation
[2016] ECHR 578
Parties
Applicant: Alessandro Strumia; Respondent: Government of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction), First Section
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Family Life, Parental Rights, Child Custody, State Obligations, Article 8 ECHR
Human Rights Law Family Law Right to Respect for Family Life Parental Rights Child Custody State Obligations Article 8 ECHR

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Parties

Alessandro Strumia

Applicant

Government of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction), First Section

  1. 1 Whether the Italian authorities violated the applicant's right to respect for his family life under Article 8 of the Convention by failing to take adequate measures to ensure his contact with his daughter.

Ratio Decidendi

The Court found that the Italian authorities failed to take adequate and timely measures to ensure the applicant's right to contact with his daughter, despite repeated expert recommendations and judicial decisions. The authorities' inaction and tolerance of the mother's obstruction led to the breakdown of the father-daughter relationship, constituting a violation of Article 8 of the Convention.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The State must pay the applicant 15,000 EUR for non-pecuniary damage within three months of the judgment becoming final, plus any applicable tax.
  • Interest at the marginal lending rate of the European Central Bank plus three percentage points is due for late payment.