OSTACE v. ROMANIA - 12547/06 - Chamber Judgment French Text [2014] ECHR 198 (25 February 2014)

OSTACE v. ROMANIA - 12547/06 - Chamber Judgment French Text [2014] ECHR 198 (25 February 2014)

The Romanian legal system failed to provide a mechanism for the applicant to contest a judicial declaration of paternity in light of new biological evidence, despite the consent of all interested parties and the evolution of domestic law favoring biological truth. This lack of balance between the applicant's...

Source-derived case information.

Citation
[2014] ECHR 198
Parties
Applicant: Augustin Ostace; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Chamber Judgment
Outcome
Violation of Article 8 ECHR found; Article 6 claims inadmissible.
Legal Topics
Right to Respect for Private and Family Life, Paternity, Revision of Judgments, Prescription Periods
Human Rights Family Law Civil Procedure Right to Respect for Private and Family Life Paternity Revision of Judgments Prescription Periods

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Parties

Augustin Ostace

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Chamber Judgment

  1. 1 Whether the refusal to allow revision of a judicial declaration of paternity in light of new biological evidence violates Article 8 of the Convention

Ratio Decidendi

The Romanian legal system failed to provide a mechanism for the applicant to contest a judicial declaration of paternity in light of new biological evidence, despite the consent of all interested parties and the evolution of domestic law favoring biological truth. This lack of balance between the applicant's interests and those of society constituted a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; Article 6 claims inadmissible.

Orders

  • Romania to pay applicant 5,000 EUR for moral damages within three months of final judgment.
  • Romania to pay applicant 3,000 EUR for costs and expenses within three months of final judgment.