STRUMIA v. ITALY - 53377/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 563 (23 June 2016)

STRUMIA v. ITALY - 53377/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 563 (23 June 2016)

The Court found that 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 court orders, thereby violating Article 8 ECHR. The authorities' actions were insufficient and allowed the mother's...

Source-derived case information.

Citation
[2016] ECHR 563
Parties
Applicant: Alessandro Strumia; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
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

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 29 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Alessandro Strumia

Applicant

Republic of Italy

Respondent

Procedural Posture

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

  1. 1 Whether Italian authorities violated the applicant's right to respect for family life under Article 8 ECHR by failing to ensure effective contact with his daughter.

Ratio Decidendi

The Court found that 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 court orders, thereby violating Article 8 ECHR. The authorities' actions were insufficient and allowed the mother's obstructive behavior to persist, resulting in the breakdown of the father-daughter relationship.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The State must pay the applicant 15,000 EUR in respect of non-pecuniary damage within three months, plus any tax that may be chargeable.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be paid.