LOMBARDO v. ITALY - 25704/11 - HEJUD (French text) [2013] ECHR 95 (29 January 2013)

LOMBARDO v. ITALY - 25704/11 - HEJUD (French text) [2013] ECHR 95 (29 January 2013)

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for his family life, as required by Article 8 of the Convention. The authorities' response was limited to repetitive and stereotyped measures, delegating responsibility to social...

Source-derived case information.

Citation
[2013] ECHR 95
Parties
Applicant: Sergio Lombardo; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 8 of the Convention found; just satisfaction awarded.
Legal Topics
Right to Respect for Family Life, Parental Visitation Rights, State Obligations, Article 8 ECHR, Positive Obligations, Judicial Remedies
Human Rights Law Family Law Right to Respect for Family Life Parental Visitation Rights State Obligations Article 8 ECHR Positive Obligations Judicial Remedies

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Parties

Sergio Lombardo

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction

  1. 1 Whether the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for his family life under Article 8 of the Convention.

Ratio Decidendi

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right to respect for his family life, as required by Article 8 of the Convention. The authorities' response was limited to repetitive and stereotyped measures, delegating responsibility to social services without effective enforcement, and failing to act promptly or take direct steps to restore contact. This inaction allowed the situation to deteriorate, causing irreparable harm to the applicant's relationship with his daughter.

Court Disposition

Violation of Article 8 of the Convention found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 15,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicant 10,000 EUR for costs and expenses within three months.