Gerda LAMBERTZ v Germany - 23556/08 [2011] ECHR 1742 (4 October 2011)

Gerda LAMBERTZ v Germany - 23556/08 [2011] ECHR 1742 (4 October 2011)

The application was inadmissible because the length of proceedings did not exceed the reasonable time requirement, the applicant did not have an arguable claim for violation of Convention rights, and the domestic courts' findings showed no appearance of a violation.

Citation
[2011] ECHR 1742
Parties
Applicant: Gerda Lambertz; Respondent: Germany
Jurisdiction
European Union
Judgment Date
04 October 2011
Procedural Posture
Application to European Court of Human Rights / Admissibility Decision
Outcome
Application declared inadmissible.
Legal Topics
Right to Be Heard, Reasonable Time Requirement, Custodianship Proceedings, Access to Family Members
Human Rights Civil Procedure Right to Be Heard Reasonable Time Requirement Custodianship Proceedings Access to Family Members

Case Brief

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Parties

Gerda Lambertz

Applicant

Germany

Respondent

Procedural Posture

Application to European Court of Human Rights / Admissibility Decision

Legal Issues

  1. 1 Whether the length of proceedings violated Article 6 of the Convention
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether denial of access to her father violated Article 8

Ratio Decidendi

The application was inadmissible because the length of proceedings did not exceed the reasonable time requirement, the applicant did not have an arguable claim for violation of Convention rights, and the domestic courts' findings showed no appearance of a violation.

Court Disposition

Application declared inadmissible.

Orders

  • Application rejected as manifestly ill-founded under Article 35 §§ 3(a) and 4 of the Convention.