LUZI v. ITALY - 48322/17 (Judgment : Right to respect for private and family life : First Section Committee) French Text [2019] ECHR 891 (05 December 2019)

LUZI v. ITALY - 48322/17 (Judgment : Right to respect for private and family life : First Section Committee) French Text [2019] ECHR 891 (05 December 2019)

The Court found that the Italian authorities failed to take all reasonable and adequate measures to ensure the applicant's right to maintain contact with his daughter, despite repeated judicial decisions and clear evidence of obstruction by the mother. The authorities' response was limited to routine and ineffective...

Source-derived case information.

Citation
[2019] ECHR 891
Parties
Applicant: Valter Luzi; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; application allowed.
Legal Topics
Right to Respect for Private and Family Life, Parental Visitation Rights, State Positive Obligations, Child Custody, Article 8 ECHR
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Visitation Rights State Positive Obligations Child Custody Article 8 ECHR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 27 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Valter Luzi

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the Italian authorities violated the applicant's right to respect for family life under Article 8 ECHR by failing to ensure effective contact with his daughter despite judicial decisions granting visitation.

Ratio Decidendi

The Court found that the Italian authorities failed to take all reasonable and adequate measures to ensure the applicant's right to maintain contact with his daughter, despite repeated judicial decisions and clear evidence of obstruction by the mother. The authorities' response was limited to routine and ineffective measures, and they tolerated a de facto situation contrary to judicial orders, resulting in a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application allowed.

Orders

  • The respondent state must pay the applicant 13,000 EUR for non-pecuniary damage within three months, plus any tax due.
  • The respondent state must pay the applicant 10,000 EUR for costs and expenses within three months, plus any tax due.