Case of European Court of Human Rights, October 10, 2006 (case L.L. v. France)

Resolution Date:October 10, 2006
SUMMARY

Violation of Art. 8 Pecuniary damage - claim dismissed Non-pecuniary damage - finding of violation sufficient Costs and expenses (domestic proceedings) - claim dismissed

 
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Information Note on the Court’s case-law No. 90

October 2006

L.L. v. France - 7508/02

Judgment 10.10.2006 [Section II]

Article 8

Article 8-1

Respect for private life

Reproduction in a divorce decree of extract from a personal medical document: violation

Article 35

Article 35-1

Exhaustion of domestic remedies

Applicant’s decision not to pursue divorce proceedings in the Court of Cassation after rejection of his application for legal aid: preliminary objection (non-exhaustion) dismissed

Facts: In proceedings for the applicant’s divorce, the judge referred to a confidential medical document, namely the correspondence between the applicant’s doctor and a specialist, containing a report on an operation performed on the applicant. The appeal judge quoted passages from the report in his decision. The divorce was granted on the grounds of fault by the applicant. The applicant requested legal aid with a view to appealing on points of law; when his request was refused, he did not pursue the appeal.

Law: The applicant’s request for legal aid had been refused on account of the absence of serious grounds for appealing against the impugned decision. The Court found that the applicant had been justified in not pursuing the case before the Court of Cassation following that refusal: preliminary objection...

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