KYAZIM v. BULGARIA - 39356/17 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section Committee) French Text [2021] ECHR 939 (16 November 2021)

KYAZIM v. BULGARIA - 39356/17 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section Committee) French Text [2021] ECHR 939 (16 November 2021)

The Court found that the Bulgarian courts failed to provide relevant and sufficient reasons for refusing the applicant's request to change his surname to that of his mother, despite acknowledging he was known by that name in society. The decision-making process did not adequately balance the applicant's interests...

Source-derived case information.

Citation
[2021] ECHR 939
Parties
Applicant: Onur Nezhdet Kyazim; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 8 found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Change of Name, Identity, Obligations of the State, Margin of Appreciation
Human Rights Law Civil Law Right to Respect for Private and Family Life Change of Name Identity Obligations of the State Margin of Appreciation

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Parties

Onur Nezhdet Kyazim

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the refusal to allow the applicant to change his surname violated Article 8 of the Convention

Ratio Decidendi

The Court found that the Bulgarian courts failed to provide relevant and sufficient reasons for refusing the applicant's request to change his surname to that of his mother, despite acknowledging he was known by that name in society. The decision-making process did not adequately balance the applicant's interests against the public interest, nor did it provide the protection required by Article 8. Therefore, there was a violation of Article 8 of the Convention.

Court Disposition

Violation of Article 8 found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 4,500 EUR for non-pecuniary damage, plus any tax that may be chargeable.
  • The respondent State must pay the applicant 1,264 EUR for costs and expenses, of which 1,000 EUR to be paid directly to the applicant's representative, plus any tax that may be chargeable.