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Search results (3)

  • 1992 | HC/E/AT 566 | AUSTRIA | First Instance |
    8Ob535/92, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Interpretation of the Convention

    Order

    Appeal dismissed, application dismissed

    Article(s)

    1 35

    Ruling

    Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.

  • 2014 | HC/E/RU 1342 | European Court of Human Rights (ECrtHR) |
    Hromadka and Hromadkova v. Russia (Application no 22909/10)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    3 21 35

    Ruling

    Violation of Article 8, ECHR; the Russian Federation had failed to put in place the necessary legal framework to address the international child abduction case at the time, and had failed to take all reasonable measures to facilitate the enjoyment of the right to family life. The Russian Court's decision to refuse to recognise and enforce the Czech decision of 2 June 2011 did not amount to a violation of Article 8, ECHR.

    The Court considered it unnecessary to separately examine the applicant's claim under Article 13, ECHR. 12,500 Euros awarded in damages. 

  • 1998 | HC/E/ES 908 | SPAIN | First Instance |
    Restitución de Menores 534/1997 AA
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(b) 13(2) 26 35

    Ruling

    Removal wrongful and return ordered; none of the Article 13 exceptions had been proved to the standard required under the Convention.