Information Note on the Court’s case-law 25
December 2000
Mikulić v. Croatia (dec.) - 53176/99
Decision 7.12.2000 [Section IV]
Article 8
Article 8-1
Respect for family life
Lengthy paternity proceedings: admissible
The applicant is a child born out of wedlock. Her mother instituted proceedings in her own name and on behalf of her child to have the paternity of the father recognised. The alleged father having failed to appear despite being summoned, the court ruled against him. However, it later had to annul its own decision because under Croatian law it was not empowered to rule against a defendant who failed to appear in paternity proceedings. Although the alleged father was summoned again on several occasions, he still had not appeared three years after the proceedings had commenced. Moreover, he never underwent the DNA examinations ordered by the court.
Admissible under Articles 6 § 1 (length of proceedings), 8 and 13.
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This summary by the Registry does not bind the Court.
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