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Case Law 76240/01 (28/06/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 06/28/2007

Subject: Right to a fair hearing, right to respect for family life on account of the failure of the Luxembourg courts to recognise the family ties created by the judgment of full adoption delivered in Peru, prohibition of discrimination) taken in conjunction with Article 8, since J.M. (and, as an indirect result, her mother) had been penalised in her daily life on account of her status as a child adopted by an unmarried mother of Luxembourg nationality whose family ties created by the foreign judgment were not recognised in Luxembourg

Parties: Wagner e J.M.W.L. c/ Lussemburgo

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 21 Non discrimination - Justice - Art. 47 Right to an effective remedy before a tribunal