Private life

οικογενειακή ζωή

The communication between the father and the child, in the presence of the mother,after divorce, violates the right to family life

JUDGMENT Improta v. Italy 04-05-2017 (no. 66396/14) see here  SUMMARY Right to father-daughter communication without the presence of the mother. Right to family life.  The case concerned the applicant’s inability to exercise the right of communication due to the reaction of the mother of the child. The ECtHR considered that the father of the child […]

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Deportation when justified on grounds of public interest is not incompatible with Article 8 of the ECHR.

JUDGMENT Krasniqi v. Austria  25-04-2017 (no. 41697/12) see here  SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]

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The disclosure of telephone files offends the right to privacy

JUDGMENT Savotchko v. the Republic of Moldova 28-03-2017 (no. 33074/04) see here  SUMMARY Privacy policy. Disclosure of telephone files. The case concerned disclosure of the telephone file of the applicant during the proceedings between the applicant and her mother. The disputed files included, inter alia, information and data on the numbers called and the date, […]

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ιδιωτική ζωή

Finnish courts’ refusal to replace the mentor of an intellectually disabled man, thus preventing him from living in the place of his choice, was justified

JUDGMENT A.-M.V. v. Finland 23-03-2017 (no. 53251/13) see here  SUMMARY The case A.-M.V. v. Finland (application no. 53251/13) concerned an intellectually disabled man’s complaint about the Finnish courts’ refusal to replace his court-appointed mentor, meaning that he has been prevented from deciding where and with whom he would like to live. His court-appointed mentor had previously […]

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The authorities’ removal of a child born from gestational surrogacy who had no biological ties to the intended parents was not contrary to the European Convention on Human Rights

JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 24.1.2017 see here SUMMARY The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract, entered into with a Russian woman by an Italian couple who had no biological relationship with the child. Having […]

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Eviction from a partner’s house following the death of the another partner is a violation of the right to residence

JUDGMENT Yevgeniy Zakharov v. Russia 14-3-2017 (no. 66610/10) see here  SUMMARY Mr Zakharov, the applicant, complained about his eviction from local authority housing after the death of his partner. In the ensuing court proceedings, the courts refused to recognise him as his deceased partner’s family member and thus to acknowledge his right to occupy her room in […]

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The search and seizure operations carried out at a company’s premises did not breach the Convention

JUDGMENT Janssen Cilag S.A.S. v. France 13-04-2017 (no. 33931/12) see here SUMMARY Private life. Unfair competition. Seizure of corporate documents. The Court found that the seizure of company documents did not constitute a disproportionate interference with the right to privacy as it was intended to gather evidence of anti-competitive practices. PROVISION Article 8 PRINCIPAL FACTS […]

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ιδιωτική ζωή

The requirement to undergo sterilisation or treatment involving a very high probability of sterility in order to change the entries on birth certificates was in breach of the right to respect for private life

JUDGMENT A.P., Garçon and  Nicot v. France 06-04-2017 (no. 79885/12, 52471/13 and 52596/13) see here  SUMMARY The case concerned three transgender persons of French nationality who wished to change the entries concerning their sex and their forenames on their birth certificates, and who were not allowed to so do by the courts in the respondent […]

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ελευθερία της έκφρασης

The fair balance between the protection of privacy and freedom of expression

JUDGMENT Pihl v. Sweden (no. 74742/14) 9-3-2017 see here  SUMMARY Private life. Freedom of expression. Weighting in case of conflict of rights. A blog, which was run by a nonprofit organisation, published an article, accusing the applicant of participating in a Nazi organization. Nine days later and following a complaint by the applicant, the organisation erased  […]

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