Published on 27 September 2021

FOURTH SECTION

Application no. 10772/21 Rui Alexandre FERNANDES DE ARAÚJO against Romania lodged on 8 February 2021 communicated on 10 September 2021

SUBJECT MATTER OF THE CASE

The application concerns the non-enforcement of a court decision ordering the return of the applicant’s children to Portugal, where the family used to live before the mother moved to Romania with the children and refused to return, and where the applicant is still living (final decision of 7 November 2016 of the Bucharest Court of Appeal). The attempts made by the applicant in Romania, through court proceedings and with the assistance of a bailiff, to obtain enforcement of that order, have so far remained unsuccessful.

Under Article 8 of the Convention, the applicant complains of lack of adequate assistance from the authorities.

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 proceedings of the final decision of 7 November 2016, 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 in order to prevent the delays in the enforcement proceedings and to facilitate the children’s return to Portugal?