26
MENNESSON v. FRANCE JUDGMENT
concerned demand full recognition thereof. Not only was the relationship
between the third and fourth applicants and their biological father not
recognised when registration of the details of the birth certificates was
requested, but formal recognition by means of a declaration of paternity or
adoption or through the effect of de facto enjoyment of civil status would
fall foul of the prohibition established by the Court of Cassation in its caselaw in that regard ... The Court considers, having regard to the consequences
of this serious restriction on the identity and right to respect for private life
of the third and fourth applicants, that by thus preventing both the
recognition and establishment under domestic law of their legal relationship
with their biological father, the respondent State overstepped the
permissible limits of its margin of appreciation.
101. Having regard also to the importance to be given to the child’s
interests when weighing up the competing interests at stake, the Court
concludes that the right of the third and fourth applicants to respect for their
private life was infringed.
3. General conclusion
102. There has been no violation of Article 8 of the Convention with
regard to the applicants’ right to respect for their family life. There has,
however, been a violation of that provision with regard to the right of the
third and fourth applicants to respect for their private life.
...
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
...
2. Holds that there has been no violation of Article 8 of the Convention
with regard to the applicants’ right to respect for their family life;
3. Holds that there has been a violation of Article 8 of the Convention with
regard to the third and fourth applicants’ right to respect for their private
life;
...
Done in French, and notified in writing on 26 June 2014, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Claudia Westerdiek
Registrar
Mark Villiger
President