ANAGNOSTAKIS AND OTHERS v. GREECE - 46075/16 (Judgment : Article 8 - Right to respect for private and family life : First Section) French Text [2021] ECHR 773 (23 September 2021)

ANAGNOSTAKIS AND OTHERS v. GREECE - 46075/16 (Judgment : Article 8 - Right to respect for private and family life : First Section) French Text [2021] ECHR 773 (23 September 2021)

The Court found that the delay of more than five years and nine months in proceedings regarding contact arrangements between the first applicant and his child was not reasonable and breached the State's positive obligations under Article 8 ECHR. The delay risked determining the outcome by fait accompli, and the...

Source-derived case information.

Citation
[2021] ECHR 773
Parties
Applicant: Nikolaos Anagnostakis; Applicant: Ioanna Anagnostaki-Poulopoulou; Applicant: Andreas Anagnostakis; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (first Section, European Court of Human Rights)
Outcome
Violation of Article 8 ECHR (in respect of the first applicant); other complaints inadmissible or unfounded.
Legal Topics
Right to Respect for Private and Family Life, Parental Access and Visitation, Procedural Delay, Positive Obligations of the State
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Access and Visitation Procedural Delay Positive Obligations of the State

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Parties

Nikolaos Anagnostakis

Applicant

Ioanna Anagnostaki-Poulopoulou

Applicant

Andreas Anagnostakis

Applicant

Republic of Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (first Section, European Court of Human Rights)

  1. 1 Whether delays in proceedings regarding contact arrangements between father and child violated Article 8 ECHR
  2. 2 Whether the frequency and modalities of visitation rights provisionally granted were compatible with Article 8 ECHR

Ratio Decidendi

The Court found that the delay of more than five years and nine months in proceedings regarding contact arrangements between the first applicant and his child was not reasonable and breached the State's positive obligations under Article 8 ECHR. The delay risked determining the outcome by fait accompli, and the State failed to act with the required exceptional diligence. No violation was found regarding the second and third applicants, as their proceedings were not unreasonably delayed.

Court Disposition

Violation of Article 8 ECHR (in respect of the first applicant); other complaints inadmissible or unfounded.

Orders

  • State to pay the first applicant 2,600 EUR for non-pecuniary damage.
  • State to pay the first applicant 1,000 EUR for costs and expenses.