Article 8

Athletes against doping control. Are those checks restricting their freedom of movement and their private and family life? The Court gives the answers

JUDGMENT  Fédération Nationale des Syndicats Sportifs (FNASS) and Others v. France 18.01.2018 (application no. 48151/11 and 77769/13) see here SUMMARY  The case concerns the requirement for a targeted group of sports professionals to notify their whereabouts for the purposes of unannounced anti-doping tests. Taking account of the impact of the whereabouts requirement on the applicants’ […]

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Late reunion between mother and daughter, despite contradictory court decisions

JUDGMENT  Oller Kamińska v. Poland18.01.2018 (no.  28481/12) see here SUMMARY  Delay of mother and daughter reunification for three years. Domestic courts have failed to return the daughter to the mother immediately despite the existence of two positive judgments. Infringement of Article 8 (right to respect for family life) of the ECHR. PROVISION  Article  8 PRINCIPAL […]

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Paternity leave for homosexual couples

JUDGMENT  Hallier and others v. France 18.01.2018 (no. 46386/10) see here SUMMARY  The case concerns the refusal to grant a paternity leave to the partner of the mother. The applicant relied on Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life). However, the Court held that […]

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ιδιωτική ζωή

Noise from night clubs. Failure to take action by the national authorities to protect against noise violates private and family life

JUDGMENT  Cuenca Zarzoso v. Spain 16/1/2018 (no. 23383/12) see here SUMMARY  Noise from bars, pubs and discos. Complaint before a local council for lack of appropriate noise reduction measures. Violation of Article 8 (right to respect for private and family life) for failure to fulfill a positive obligation. PROVISION  Article 8 PRINCIPAL FACTS  The applicant, […]

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Seizure of embryos. Obstacles in re reproduction of a couple violate the right to family life.

JUDGMENT  Nedescu v. Romania 16.01.2018 (no. 70035/10) see here SUMMARY  Complaints of a couple that they could not recover the embryos seized by the public prosecutors and being prevented from acquiring another child. Infringement of Article 8 (right to respect for private and family life). PROVISION  Article  8 PRINCIPAL FACTS  The applicants, Daniela Nedescu and […]

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The seizure, blocking, expropriation and demolition of buildings, contrary to national court rulings, violates the right to property, residence and fair trial

JUDGMENT  Sharxhi  and others v. Albania 11.01.2018 (no. 10613/16) see here SUMMARY Expropriation of house which was contrary to the judgments of the national courts. Seizure, blocking and demolition of a building by authorities in the public interest. Infringement of Article 6 § 1 (fair trial) because the national authorities had failed to comply with the […]

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The residence of children with their mother and the transfer abroad to their mother’s permanent residence does not violate the father’s right to family life

JUDGMENT  Malinin v. Russia12.12.2017 (no. 70135/14) see here   SUMMARY  Child custody of the mother instead of the father and the transfer of the children abroad, to the place of residence of the mother. No violation of family life. PROVISION  Article 8 PRINCIPAL FACTS  The applicant, Aleksey Malinin, is a Russian national who was born in […]

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