CRETOI v. THE REPUBLIC OF MOLDOVA - 49960/19 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2021] ECHR 1088 (14 December 2021)

CRETOI v. THE REPUBLIC OF MOLDOVA - 49960/19 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2021] ECHR 1088 (14 December 2021)

The Moldovan authorities failed to act with the exceptional diligence required in international child abduction cases, as evidenced by a period of total inactivity of over a year and a protracted judicial process, resulting in a violation of the applicant's right to respect for family life under Article 8 ECHR.

Source-derived case information.

Citation
[2021] ECHR 1088
Parties
Applicant: Laurenţiu-Cristian Creţoi; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Article 8 ECHR Right to Respect for Private and Family Life, International Child Abduction, Hague Convention 1980, Parental Rights, Procedural Obligations of States
Human Rights Law Family Law International Law Article 8 ECHR Right to Respect for Private and Family Life International Child Abduction Hague Convention 1980 Parental Rights Procedural Obligations of States

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Parties

Laurenţiu-Cristian Creţoi

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the Moldovan authorities violated Article 8 ECHR by failing to act with sufficient diligence and speed in proceedings for the return of the applicant's child under the Hague Convention 1980.

Ratio Decidendi

The Moldovan authorities failed to act with the exceptional diligence required in international child abduction cases, as evidenced by a period of total inactivity of over a year and a protracted judicial process, resulting in a violation of the applicant's right to respect for family life under Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 4,500 EUR for non-pecuniary damage, plus any tax due.
  • The respondent State must pay the applicant 2,210 EUR for costs and expenses, plus any tax due.