MARINIS v. GREECE - 3004/10 - Chamber Judgment (French Text) [2014] ECHR 1044 (09 October 2014)

MARINIS v. GREECE - 3004/10 - Chamber Judgment (French Text) [2014] ECHR 1044 (09 October 2014)

The Court held that the exclusion of the applicant from contesting paternity was prescribed by law, pursued the legitimate aim of protecting the legal family and the interests of the child, and fell within the state's margin of appreciation given the lack of European consensus. The applicant had no established...

Source-derived case information.

Citation
[2014] ECHR 1044
Parties
Applicant: Sotirios Marinis; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application dismissed; no violation found
Legal Topics
Right to Respect for Private and Family Life, Presumption of Paternity, Access to Justice, Discrimination Based on Parentage, Margin of Appreciation
Human Rights Law Family Law Right to Respect for Private and Family Life Presumption of Paternity Access to Justice Discrimination Based on Parentage Margin of Appreciation

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Parties

Sotirios Marinis

Applicant

Republic of Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the exclusion of the biological father from contesting paternity under Greek law violates Article 8 (right to respect for private life) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights

Ratio Decidendi

The Court held that the exclusion of the applicant from contesting paternity was prescribed by law, pursued the legitimate aim of protecting the legal family and the interests of the child, and fell within the state's margin of appreciation given the lack of European consensus. The applicant had no established family life with the child, and the interference with his private life was justified and proportionate. Therefore, there was no violation of Article 8, either alone or in conjunction with Article 14.

Court Disposition

Application dismissed; no violation found

Orders

  • The complaint under Article 8 alone and in conjunction with Article 14 is declared admissible; the remainder of the application is inadmissible.
  • By five votes to two, the Court finds no violation of Article 8, alone or in conjunction with Article 14.