BECCARINI AND RIDOLFI v. ITALY - 63190/16 (Judgment : Violation of Right to respect for private and family life)) French Text [2017] ECHR 1114 (07 December 2017)

BECCARINI AND RIDOLFI v. ITALY - 63190/16 (Judgment : Violation of Right to respect for private and family life)) French Text [2017] ECHR 1114 (07 December 2017)

The Court found that the Italian authorities failed to take adequate and sufficient measures to preserve the family bond between the applicants and their grandchildren, despite judicial decisions granting visitation rights. The authorities did not act with the required diligence, and the lack of implementation of...

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Citation
[2017] ECHR 1114
Parties
Applicant: Enrico Beccarini; Applicant: Rita Ridolfi; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; partial award of just satisfaction.
Legal Topics
Right to Respect for Private and Family Life, Grandparents' Visitation Rights, State Obligations Under Article 8 ECHR, Execution of Judicial Decisions
Human Rights Law Family Law Right to Respect for Private and Family Life Grandparents' Visitation Rights State Obligations Under Article 8 ECHR Execution of Judicial Decisions

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Parties

Enrico Beccarini

Applicant

Rita Ridolfi

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the Italian authorities violated Article 8 ECHR by failing to ensure contact between grandparents and grandchildren despite judicial decisions granting visitation rights.

Ratio Decidendi

The Court found that the Italian authorities failed to take adequate and sufficient measures to preserve the family bond between the applicants and their grandchildren, despite judicial decisions granting visitation rights. The authorities did not act with the required diligence, and the lack of implementation of court orders constituted a violation of the applicants' right to respect for family life under Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; partial award of just satisfaction.

Orders

  • The respondent State must pay jointly to the applicants, within three months, 3,000 EUR for non-pecuniary damage and 5,000 EUR for costs and expenses, plus any tax chargeable.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be paid.