1626a BGB - Entscheidung in Straßburg zum Sorgerecht nichtehelicher Väter

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Sporer vs. Austria

FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that there has been no violation of Article 6 of the Convention;

2. Holds that there has been a violation of Article 14 taken in conjunction with Article 8 of the Convention;

3. Holds that there is no need to examine separately the complaint under Article 8 of the Convention;

4. Holds that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant;

5. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 3,500 (three thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

6. Dismisses the remainder of the applicant’s claim for just satisfaction.

http://cmiskp.echr.coe.int/tkp197/view.a...n=hudoc-en