BOCU v. ROMANIA - 58240/14 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2020] ECHR 509 (30 June 2020)

BOCU v. ROMANIA - 58240/14 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2020] ECHR 509 (30 June 2020)

The Court found that the applicant's inability to obtain revision of the paternity judgment, despite new scientific evidence and the consent of all parties, failed to strike a fair balance between the interests involved and violated Article 8 of the Convention.

Source-derived case information.

Citation
[2020] ECHR 509
Parties
Applicant: Octaviean Bocu; Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 8 found; application allowed; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Paternity, Revision of Final Judgments, Access to Justice
Human Rights Law Family Law Civil Procedure Right to Respect for Private and Family Life Paternity Revision of Final Judgments Access to Justice

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Parties

Octaviean Bocu

Applicant

Romanian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the applicant's inability to obtain revision of a final paternity judgment in light of new biological evidence violated Article 8 of the Convention

Ratio Decidendi

The Court found that the applicant's inability to obtain revision of the paternity judgment, despite new scientific evidence and the consent of all parties, failed to strike a fair balance between the interests involved and violated Article 8 of the Convention.

Court Disposition

Violation of Article 8 found; application allowed; just satisfaction awarded.

Orders

  • Rejects the Government's request to strike the case from the list.
  • Declares the application admissible.