Ernst SAKEWITZ v Germany - 21369/07 [2010] ECHR 1910 (2 November 2010)

Ernst SAKEWITZ v Germany - 21369/07 [2010] ECHR 1910 (2 November 2010)

The Court found that the complaint regarding the length of the main proceedings could not be determined on the basis of the case file and required further examination. All other complaints were manifestly ill-founded and did not disclose any appearance of a violation of the Convention or its Protocols.

Source-derived case information.

Citation
[2010] ECHR 1910
Parties
Applicant: Ernst Sakewitz; Respondent: Germany
Jurisdiction
European Union
Judgment Date
02 November 2010
Procedural Posture
Application to the European Court of Human Rights / Partial Decision as to Admissibility
Outcome
Partial admissibility decision
Legal Topics
Child Custody, Access Rights, Right to Be Heard, Discrimination, Length of Proceedings, Reasonable Time Requirement
Human Rights Law Family Law Child Custody Access Rights Right to Be Heard Discrimination Length of Proceedings Reasonable Time Requirement

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Summary, issues, holding and outcome

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Parties

Ernst Sakewitz

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Partial Decision as to Admissibility

Legal Issues

  1. 1 Whether the length of the main proceedings before the Hamburg District Court violated Article 6 § 1 of the Convention (right to a hearing within a reasonable time)
  2. 2 Whether the conduct and outcome of the domestic custody and access proceedings violated the applicant's rights under Articles 6 and 8 of the Convention
  3. 3 Whether there was discrimination against the applicant under Article 14 and Article 5 Protocol No. 7

Ratio Decidendi

The Court found that the complaint regarding the length of the main proceedings could not be determined on the basis of the case file and required further examination. All other complaints were manifestly ill-founded and did not disclose any appearance of a violation of the Convention or its Protocols.

Court Disposition

Partial admissibility decision

Orders

  • Adjourned examination of the complaint concerning the length of the main proceedings
  • Declared the remainder of the application inadmissible