G.T.B. v. SPAIN JUDGMENT
for “failure to comply with the Ombudsman’s report, expulsion from schools
...”, of which the applicant had never complained before.
(v) In his second claim the applicant had again asked for
EUR 1,288,088.41 but the items had been broken down differently, with no
mention of “failure to comply with the objectives of the Canary Islands’
comprehensive plan” or “failure to comply with the Ombudsman’s report,
expulsion from schools ...”, and with the addition of “job-related damage in
2015 and job-related damage in 2016” and “damage arising from failure to
comply with the duties of the public authorities”. This change, in
the Government’s view, demonstrated the unfoundedness of the applicant’s
claim.
2. The Court’s assessment
135. The Court recalls, firstly, that it has found a failure by the Spanish
authorities to discharge their positive obligation to act with due diligence in
order to assist the applicant to obtain the registration of his birth (and, as a
consequence, his identity documents) from May 2002 only. The applicant’s
birth was registered in April 2006. Therefore, moral damages corresponding
to an earlier period cannot be awarded, despite the applicant’s claims that he
endured physical and mental suffering for more than twenty years. The Court
also observes that the applicant has failed to establish a clear causal link
between the violation found and any non-pecuniary damage allegedly caused
by difficulties in him having access to education and the job market. In
addition, the Court agrees with the Government’s argument that the applicant
never complained about the “failure to comply with the objectives of the
Canary Islands’ comprehensive plan” or the “failure to comply with the
Ombudsman’s report, expulsion from schools ...” with the domestic courts.
136. However, there is no doubt that there is a direct causal link between
the violation found and the fact that the applicant’s sense of identity as an
individual was adversely affected at least for several years. In addition, the
lack of birth registration and valid identity documents must have inevitably
caused him certain difficulties in his daily life.
137. In the light of the above, making its assessment on equitable basis,
the Court awards the applicant EUR 12,000 in respect of non-pecuniary
damage, plus any tax that may be chargeable.
B. Costs and expenses
1. The parties’ submissions
138. The applicant also claimed EUR 11,253 in respect of the costs and
expenses incurred before the domestic courts and the Court.
139. The Government opposed reimbursing the applicant the amounts
claimed in each of the documents. They contended that it had not been proved
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents