Recognition in Italy of a foreign judgment establishing the child’s adoption by the parent's spouse - Civil partnership between adoptee and biological parent merged in same-sex marriage celebrated abroad
Contents for term
Recognition in Italy of a foreign judgment establishing the child’s adoption by the parent's spouse - Civil partnership between adoptee and biological parent merged in same-sex marriage celebrated abroad
Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Judge Rapporteur: M. Safjan
Refusal by French authorities to transcribe the birth certificates of children born under surrogacy agreements in India violated the children's right to respect for private life under Article 8
Article 8 (Respect for family life) - Refusal to order child’s return pursuant to Hague Convention in view of abducting mother’s unwillingness to return with child
Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Change of recognised paternity at request and in favour of biological father without child’s consent - No violation
Maternity allowance only if the child has not exceeded the age of six - Unequal treatment between self-employed mothers in the case of international adoption and employed mothers in the case of domestic adoption - Infringement of the principles of maternity and child protection and of the protection of working women and children
The applicant’s inability to exercise fully his right of contact with his son on account of negative reports by the Scandiano social services, with which the mother had professional links - the Italian authorities had not made appropriate and sufficient efforts to ensure that the applicant had been able to exercise his right of contact with his child and had thus breached his right to respect for his family life
Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Equal treatment of men and women in matters of employment and occupation
Judge Rapporteur: M. Safjan
Article 8 - This case concerned proceedings in Georgia for the return of the applicant’s son, born in 2004, to Ukraine
Article 8 - The applicant’s inability to secure the return to Switzerland of his children, who had been taken to France by their mother
Article 8 (Respect for family life) - Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently
The procedure for the return of the first applicant, the daughter of the second applicant, to her country of habitual residence, Cyprus - There would be a violation of Article 8 if the decision ordering the child’s return to Cyprus were to be enforced
Dissenting / Concurring: Elisabeth Steiner, Linos-Alexandre Sicilianos
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her maternity leave – Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Judge Rapporteur: M. Safjan
Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – Commissioning mother unable to bear a child
Judge Rapporteur: M. Safjan
Directive 2006/54/EC, equal treatment of men and women in matters of employment and occupation – Training course for acquiring the status of a public official – Exclusion on grounds of a prolonged absence, absence attributable to maternity leave
Judge Rapporteur: F. Biltgen
Refusal to provide applicants with a travel document to enable their child, born abroad as a result of a surrogacy arrangement, to travel back with them to their country of origin - inadmissible
Article 8 (Family life) - Opinion of 11 year old child not taken into account in return proceedings under Hague Convention - No violation
Inability under Turkish law for adoptive mother to have her forename recorded on child’s identity papers in place of the biological mother’s forename - Violation of Article 8 (Positive obligations)
Article 8 (Respect for family life) - Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case