LANDINI v. ITALY - 48280/21 (Article 8 - Right to respect for private and family life : First Section Committee) French Text [2023] ECHR 790 (12 October 2023)

LANDINI v. ITALY - 48280/21 (Article 8 - Right to respect for private and family life : First Section Committee) French Text [2023] ECHR 790 (12 October 2023)

The Italian authorities failed for several years to take all reasonable measures to enable the applicant to maintain and develop a relationship with his child, including not hearing the child and not conducting a timely, balanced assessment of the child's best interests, resulting in a violation of Article 8 ECHR.

Source-derived case information.

Citation
[2023] ECHR 790
Parties
Applicant: Marco Landini; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 8 ECHR found; application admissible; partial award of damages and costs.
Legal Topics
Right to Respect for Private and Family Life, Parental Rights, Child Visitation, Procedural Rights of the Child
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Rights Child Visitation Procedural Rights of the Child

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Marco Landini

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicant's right to respect for private and family life under Article 8 ECHR was violated by the Italian authorities' handling of his visitation rights and coparentality.

Ratio Decidendi

The Italian authorities failed for several years to take all reasonable measures to enable the applicant to maintain and develop a relationship with his child, including not hearing the child and not conducting a timely, balanced assessment of the child's best interests, resulting in a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application admissible; partial award of damages and costs.

Orders

  • The respondent State must pay the applicant within three months: 4,023 EUR for material damage, 7,000 EUR for moral damage, and 13,000 EUR for costs and expenses, plus any applicable taxes.
  • Amounts unpaid after three months will accrue simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points.