BONDAVALLI v. ITALY - 35532/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 1018 (17 November 2015)

BONDAVALLI v. ITALY - 35532/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 1018 (17 November 2015)

Italian authorities failed to deploy adequate and sufficient efforts to respect applicant's right to family life, did not ensure impartial expert evaluation or social services, and restricted visitation based on biased reports, violating Article 8 ECHR.

Source-derived case information.

Citation
[2015] ECHR 1018
Parties
Applicant: Claudio Bondavalli; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 ECHR found; application allowed in part.
Legal Topics
Right to Respect for Family Life, Parental Visitation, State Obligations, Impartiality of Experts
Human Rights Family Law Right to Respect for Family Life Parental Visitation State Obligations Impartiality of Experts

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Parties

Claudio Bondavalli

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether Italian authorities violated Article 8 ECHR by failing to ensure effective respect for applicant's right to family life and parental visitation
  2. 2 Whether authorities failed to provide impartial expert evaluation and social services

Ratio Decidendi

Italian authorities failed to deploy adequate and sufficient efforts to respect applicant's right to family life, did not ensure impartial expert evaluation or social services, and restricted visitation based on biased reports, violating Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application allowed in part.

Orders

  • State must pay applicant 10,000 EUR for moral damages.
  • State must pay applicant 15,000 EUR for costs and expenses.