PASCAUD v. FRANCE - 19535/08 - HEJUD (French text) [2012] ECHR 1890 (08 November 2012)

PASCAUD v. FRANCE - 19535/08 - HEJUD (French text) [2012] ECHR 1890 (08 November 2012)

The refusal to recognize the applicant's biological filiation violated Article 8 ECHR, causing material damage by depriving him of inheritance rights; given the impossibility of exact calculation, the Court assessed the damage globally and awarded just satisfaction.

Source-derived case information.

Citation
[2012] ECHR 1890
Parties
Applicant: Christian Pascaud; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment on Just Satisfaction
Outcome
Application for just satisfaction partly allowed, partly rejected.
Legal Topics
Right to Respect for Private and Family Life, Recognition of Biological Filiation, Inheritance Rights, Just Satisfaction Under Article 41 ECHR
Human Rights Family Law Succession Law Right to Respect for Private and Family Life Recognition of Biological Filiation Inheritance Rights Just Satisfaction Under Article 41 ECHR

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Parties

Christian Pascaud

Applicant

Republic of France

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment on Just Satisfaction

  1. 1 Whether the refusal to judicially recognize the applicant's biological filiation violated Article 8 ECHR
  2. 2 Assessment of material damage resulting from loss of inheritance rights
  3. 3 Determination of just satisfaction under Article 41 ECHR

Ratio Decidendi

The refusal to recognize the applicant's biological filiation violated Article 8 ECHR, causing material damage by depriving him of inheritance rights; given the impossibility of exact calculation, the Court assessed the damage globally and awarded just satisfaction.

Court Disposition

Application for just satisfaction partly allowed, partly rejected.

Orders

  • Respondent State to pay applicant 2,750,000 EUR within three months for material damage, plus any applicable taxes.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points to accrue after three months until payment.