KONSTANTINIDIS v. GREECE - 58809/09 - Chamber Judgment (French text) [2014] ECHR 353 (03 April 2014)

KONSTANTINIDIS v. GREECE - 58809/09 - Chamber Judgment (French text) [2014] ECHR 353 (03 April 2014)

The Court held that the one-year prescription period for paternity actions under Greek law was not inflexible, as it could be suspended in cases of force majeure or fraud, and that the applicant failed to act with due diligence after learning his father's identity. The application of the prescription period did not...

Source-derived case information.

Citation
[2014] ECHR 353
Parties
Applicant: Nektarios Konstantinidis; Respondent: Greek Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Chamber Judgment
Outcome
Application dismissed; no violation found
Legal Topics
Right to Respect for Private and Family Life, Right to Non Discrimination, Prescription Periods in Paternity Actions, Access to Court
Human Rights Law Family Law Right to Respect for Private and Family Life Right to Non Discrimination Prescription Periods in Paternity Actions Access to Court

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Parties

Nektarios Konstantinidis

Applicant

Greek Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Chamber Judgment

  1. 1 Whether the application of the one-year prescription period for paternity actions under Article 1483 of the Greek Civil Code violated Article 8 ECHR (right to respect for private life) and Article 14 ECHR (prohibition of discrimination)
  2. 2 Whether the applicant was discriminated against compared to children whose parents married after their birth
  3. 3 Whether the applicant was denied access to a court under Article 6 ECHR

Ratio Decidendi

The Court held that the one-year prescription period for paternity actions under Greek law was not inflexible, as it could be suspended in cases of force majeure or fraud, and that the applicant failed to act with due diligence after learning his father's identity. The application of the prescription period did not violate Article 8 ECHR, as it pursued legitimate aims and maintained a fair balance between the interests involved. The applicant was not in a comparable situation to children whose parents married after their birth, so there was no discrimination under Article 14. There was no violation of Article 6, as the applicant had access to court and the duration of proceedings was...

Court Disposition

Application dismissed; no violation found