Communicated on 11 January 2021
Published on 1 February 2021
FOURTH SECTION
Application no. 20425/20
Cyril LOIRY
against Romania
lodged on 18 May 2020
SUBJECT MATTER OF THE CASE
The case concerns the non-enforcement of a final decision of 9 August 2018 of the Bucharest Court of Appeal ordering the return of the applicant’s children to France, where the applicant lives and where the children also used to live before moving to Romania with their mother (see Voica v. Romania, no. 9256/19, 7 July 2020).
The applicant complains of an infringement of his right to respect for his family life on account of the non-enforcement of the above decision. He considers that the domestic authorities have failed to assist him in his attempts to obtain the return of his children and have failed to take effective measures preventing the mother from protracting the enforcement and from alienating the children from their father.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to respect for his family life, contrary to Article 8 of the Convention, in the light of the alleged protracted and ineffective enforcement proceeding of the final decision no. 378 of 9 August 2018, whereby the Bucharest Court of Appeal ordered the return of his children to the place of their habitual residence? In particular have the authorities taken sufficient measures, including coercive measures against the mother, in order to prevent the delays in the enforcement proceedings and to facilitate the children’s return to France?
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