TAVIRLAU v. ROMANIA - 43753/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 136 (02 February 2016)

TAVIRLAU v. ROMANIA - 43753/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 136 (02 February 2016)

The applicant cannot claim victim status under Article 8 as national authorities acknowledged medical negligence and provided adequate compensation; however, the duration of the national proceedings violated Article 6 § 1 as they did not meet the reasonable time requirement.

Source-derived case information.

Citation
[2016] ECHR 136
Parties
Applicant: Maria Ţăvîrlău; Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 6 § 1 found; Article 8 claim inadmissible; just satisfaction awarded for moral damages.
Legal Topics
Right to Respect for Private and Family Life, Reasonable Time for Proceedings, Medical Malpractice, Just Satisfaction
Human Rights Medical Negligence Civil Procedure Right to Respect for Private and Family Life Reasonable Time for Proceedings Medical Malpractice Just Satisfaction

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Parties

Maria Ţăvîrlău

Applicant

Romanian Government

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant can claim to be a victim under Article 8 of the Convention after national remedies
  2. 2 Whether the duration of national proceedings violated Article 6 § 1 of the Convention

Ratio Decidendi

The applicant cannot claim victim status under Article 8 as national authorities acknowledged medical negligence and provided adequate compensation; however, the duration of the national proceedings violated Article 6 § 1 as they did not meet the reasonable time requirement.

Court Disposition

Violation of Article 6 § 1 found; Article 8 claim inadmissible; just satisfaction awarded for moral damages.

Orders

  • Romania to pay applicant 1,600 EUR for moral damages within three months, plus any applicable tax, converted at the applicable rate.
  • Interest at ECB marginal lending facility rate plus three percentage points for late payment.