G.T.B. v. SPAIN JUDGMENT
51. On 6 June 2005 the applicant lodged a complaint with the Central
Civil Registry about the delay in the proceedings to register his birth. He
lodged a further complaint with the Santa Cruz de Tenerife public
prosecutor’s office in September 2005. The public prosecutor’s office sent
various requests for information about the proceedings to the Central Civil
Registry.
52. On 28 October 2005 the Central Civil Registry asked Ms X to submit
certificates of the studies pursued by her sons. She replied that although her
sons had been enrolled in various schools and high schools, she had not been
able to obtain any certificates because of their lack of an ID number. In view
of the statement by Ms X that she was unable to submit any additional
documents, on 8 March 2006 the public prosecutor issued a report in favour
of the late registration of the applicant’s and his brother’s births.
53. On 13 March 2006 the judge at the Central Civil Registry gave a
decision in which, in the light of the documents submitted, as well as the
report by the forensic doctor, the witnesses’ statements, and the recognition
given by the applicant’s mother and sister, the relationship between
the applicant and Ms X was considered to have been proved. As a
consequence, the judge approved the late registration of the births of
the applicant and his older brother.
54. On 5 April 2006 the births were registered.
55. Following the birth registration, on 24 May 2006 the applicant, then
twenty-one years old, was issued with an ID card.
VI. ADMINISTRATIVE PROCEEDINGS FOR STATE LIABILITY
56. On 22 December 2014 the applicant lodged a complaint with the
Ministry of the Interior of Spain, which he described as a “claim prior to
bringing administrative proceedings”. He sought compensation for pecuniary
and non-pecuniary damage, which he did not quantify. The complaint did not
meet formal legal requirements.
57. On 20 April 2015 the applicant submitted an amended complaint
claiming damages caused by the undue delay in issuing his ID card.
The applicant argued that his lack of an ID card for many years had prevented
him from accessing the job market, obtaining a driving licence, or completing
his education. He quantified his claim for compensation at 825,546.70 euros
(EUR), which he later increased to EUR 930,081.36. The amount was broken
down into “days in which he could not work”, “job-related pecuniary damage
(before and after obtaining the ID card)”, “after-effects”, and an additional
10% as a “corrective factor”. Although he mentioned the lack of access to
education, he did not quantify the amount claimed under that head. The
complaint made no reference to a breach by the competent authorities of their
duties relating to the care of minors.
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