MERGER AND CROS v. FRANCE / ECHR

Notes

Date	22/12/2004
AppNr	68864/01
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	14+8; 14+P1-1; 41
Violated / NonViolated	814P1-114P1-1
Citations	814814P1-1

Conclusions:

Costs and expenses partial award - Convention proceedings
Costs and expenses partial award - domestic proceedings
No violation of Art. 14+P1-1
No violation of Art. 14+P1-1 with regard to the capacity to receive assets as a gift
Non-pecuniary damage - financial award
Not necessary to examine Art. 14+8
Not necessary to examine Art. 14+8 with regard to the inheritance rights
Pecuniary damage - financial award
Violation of Art. 14+8
Violation of Art. 14+8 with regard to the capacity to receive assets as a gift
Violation of Art. 14+P1-1
Violation of Art. 14+P1-1 with regard to the inheritance rights

Keywords:

(art. 14) birth
(art. 14) discrimination
(art. 14) objective and reasonable justification
(art. 8-1) respect for family life
(p1-1-1) possessions

Application Documents 1

MERGER and CROS v. FRANCE

Court (First Section) Decision

11/03/2004

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References 11

	44 CAMP AND BOURIMI v. THE NETHERLANDS 8, 14, 8 Court (First Section) Judgment (Merits and Just Satisfaction)	03/10/2000
	126 K. AND T. v. FINLAND 8, 13 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	27/04/2000
	104 THLIMMENOS v. GREECE 14, 9, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	16 MAZUREK v. FRANCE 14, P1-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	01/02/2000
	34 X. , Y. AND Z. v. THE UNITED KINGDOM 8 Court (Grand Chamber) Judgment (Merits)	22/04/1997
	116 GAYGUSUZ v. AUSTRIA 14, P1-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	16/09/1996
	172 KEEGAN v. IRELAND 8, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	26/05/1994
	12 VERMEIRE v. BELGIUM 8, 14 Court (Chamber) Judgment (Merits)	29/11/1991
	131 INZE v. AUSTRIA 14, P1-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	28/10/1987
	125 JOHNSTON AND OTHERS v. IRELAND 8, 8, 12, 14 Court (Plenary) Judgment (Merits and Just Satisfaction)	18/12/1986
	327 MARCKX v. BELGIUM 8, 14, P1-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	13/06/1979

Show all (11)

Originating Body	Court (First Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	FRENCH
Application Number	68864/01
Importance Level	1
Represented by	N/A
Respondent State	France
Date of Judgment	22/12/2004
Conclusion	Violation of Art. 14+P1-1 with regard to the inheritance rights ; No violation of Art. 14+P1-1 with regard to the capacity to receive assets as a gift ; Not necessary to examine Art. 14+8 with regard to the inheritance rights ; Violation of Art. 14+8 with regard to the capacity to receive assets as a gift ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings
Articles	14+8 , 14+P1-1 , 41
Separate Opinions	No
Strasbourg Case Law	Camp and Bourimi v. the Netherlands, no. 28369/95, § 49, ECHR 2000-X ; ;Gaygusuz v. Austria, judgment of 16 September 1996, Reports of Judgments and Decisions 1996-IV, p. 1141, § 36 ; ;Inze v. Austria, judgment of 28 October 1987, Series A no. 126, p. 17, § 38 ; ;Johnston and Others v. Ireland, judgment of 18 December 1986, Series A no. 112, § 55 and § 62 ; ;K. and T. v. Finland [GC], no. 25702/94, § 50, ECHR 2001-VII ; ;Keegan v. Ireland, judgment of 26 May 1994, Series A no. 290, § 44 : ;Marckx v. Belgium, judgment of 13 June 1979, Series A no. 31, §§ 31, 50, 52 and 53 ; ;Mazurek v. France, no. 34406/97, §§ 40, 46, 54 and 55, ECHR 2000-II ; ;Thlimmenos v. Greece [GC], no. 34369/97, § 40, ECHR 2000-IV ; ;Vermeire v. Belgium, judgment of 29 November 1991, Series A no. 214-C, p. 84, § 31 ; ;X, Y and Z v. the United Kingdom, judgment of 22 April 1997, Reports of Judgments and Decisions 1997-II, § 36 ;
Keywords	"(Art. 14) BIRTH" "(Art. 14) DISCRIMINATION" "(Art. 14) OBJECTIVE AND REASONABLE JUSTIFICATION" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(P1-1-1) POSSESSIONS"

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Notes

ECHR Notes

Application Documents 1

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References 11

Citations Breakdown

Citations 5

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