KOYCHEV v. BULGARIA - 32495/15 (Judgment : Preliminary objection joined to merits and dismissed : Fourth Section) French Text [2020] ECHR 706 (13 October 2020)

KOYCHEV v. BULGARIA - 32495/15 (Judgment : Preliminary objection joined to merits and dismissed : Fourth Section) French Text [2020] ECHR 706 (13 October 2020)

The Court found that the applicant was unable to contest the paternity recognition by another man or establish his own paternity due to Bulgarian law and practice. Although the authorities cited the child's best interests and the applicant's delay, they failed to conduct a thorough examination of the facts or...

Source-derived case information.

Citation
[2020] ECHR 706
Parties
Applicant: Stoycho Vasilev Koychev; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection
Outcome
Violation of Article 8 ECHR found; preliminary objection dismissed.
Legal Topics
Right to Respect for Private and Family Life, Paternity Recognition and Contestation, Access to Court, Margin of Appreciation, Best Interests of the Child
Human Rights Law Family Law Right to Respect for Private and Family Life Paternity Recognition and Contestation Access to Court Margin of Appreciation Best Interests of the Child

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Parties

Stoycho Vasilev Koychev

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection

  1. 1 Whether the applicant's inability to contest the paternity recognition by another man and to establish his own paternity violates Article 8 of the Convention

Ratio Decidendi

The Court found that the applicant was unable to contest the paternity recognition by another man or establish his own paternity due to Bulgarian law and practice. Although the authorities cited the child's best interests and the applicant's delay, they failed to conduct a thorough examination of the facts or balance the interests involved, nor did they provide sufficient procedural safeguards for the applicant. This lack of individualized assessment and procedural protection violated the applicant's right to respect for private life under Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; preliminary objection dismissed.

Orders

  • The respondent State must pay the applicant 6,000 EUR for non-pecuniary damage, plus any tax due.
  • The respondent State must pay the applicant 2,000 EUR for costs and expenses, of which 511 EUR to the applicant and 1,489 EUR to his lawyer, plus any tax due.