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Sul margine di apprezzamento degli Stati in tema di capacità matrimoniale degli stranieri (Corte eur

THE COURT UNANIMOUSLY

1.Declares the complaints concerning Article 8 and Article 12 and concerning Article 14 of the Convention read together with Articles 8, 9 and 12 admissible and the remainder of the application inadmissible;

2.Holds that there has been a violation of Article 12 of the Convention;

3.Holds that there has been a violation of Article 14 of the Convention read together with Article 12;

4.Holds that there has been a violation of Article 14 of the Convention read together with Article 9;

5. Holds that there is no need to examine the complaints under Article 8 of the Convention, read either alone or in conjunction with Article 14;

6. Holds

(a) that the respondent State is to pay the applicants jointly, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of theConvention, the following amounts, to be converted into British pounds, where appropriate, at the rate applicable at the date of settlement:

(i) EUR 8,500 (eight thousand five hundred euros), plus any tax that may be chargeable, in respect of non pecuniary damage;

(ii) GBP 295 (two hundred and ninety-five British pounds) in respect of pecuniary damage; and

(iii) EUR 16,000 (sixteen thousand euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

7. Dismisses the remainder of the applicants' claim for just satisfaction.

Per il testo integrale della decisione, clicca qui.


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