Communicated on 19 October 2018

SECOND SECTION

Applications nos. 16313/15 and 980/18 Nicolae BULMAGA and Victoria BULMAGA

against the Republic of Moldova and Fiodor SPÃŽNU against the Republic of Moldova lodged on 20 March 2015 and 6 December 2017 respectively

SUBJECT MATTER OF THE CASE

The applicants in application no. 16313/15 are a married couple who had a baby boy, born on 22 April 1992, in the C ă l ă ra ș i maternity hospital. In 2012, as a result of a DNA test, they found out that they were not the genetic parents of that boy. It came out that their real son had been switched with another baby while in the maternity hospital and that they raised another couple ’ s child. The applicant in application no. 980/18 is their real son who grew up in another family. At different dates the applicants in both applications initiated civil proceedings against the hospital. During the proceedings the switching of the babies was confirmed and the responsibility of the hospital was established. The courts awarded MDL 50,000 (approximately EUR 2,500) to the parents and MDL 50,000 to the son.

The applicants complain that their right to respect for their family life, as guaranteed by Article 8 of the Convention, was violated and that the amounts awarded to them were insufficient for them to lose their victim status.

QUESTION tO THE PARTIES

Has there been a failure to protect the applicants ’ right to respect for their family life, contrary to Article 8 of the Convention? In particular, can the applicants claim to be victims of a breach of Article 8 of the Convention in view of the amount of the compensation for non-pecuniary damage awarded to them in the domestic proceedings?

APPENDIX

List of applications

Application no. 16313/15

N o

Firstname LASTNAME

Birth year

Nationality

Place of residence

1.Nicolae BULMAGA

1968Moldovan

C ă l ăraș i

2.Victoria BULMAGA

1971Moldovan

C ă l ăraș i

Application no. 980/18

N o .

Firstname LASTNAME

Birth year

Nationality

Place of residence

Fiodor SPÃŽNU

19 92

Moldovan

C ă l ă ra ș i