Published on 2 January 2023

THIRD SECTION

Application no. 56693/21 Nikolaos ANAGNOSTAKIS against Greece lodged on 10 November 2021 communicated on 7 December 2022

SUBJECT MATTER OF THE CASE

The applicant is the father of a child that was born in an extramarital relationship. The application concerns the impossibility for the applicant to lodge an appeal against the decision assigning sole custody to the mother of the child. Pursuant to Article 1515 of the Civil Code in conjunction with Article 47 subparagraph a) of Law no. 2447/1996, the decision of the court of first instance which concerns the parental responsibility over a minor child who was born outside of marriage and whose parents remained not married, is not subject to appeal. No such restriction exists in respect of divorced parents.

QUESTIONS TO THE PARTIES

1. Having regard to the fact that the law did not provide the applicant with the right to lodge an appeal against the first-instance decision assigning sole custody to the mother of the child, but the appeal he lodged was examined on the merits by the appellate court, does the application comply with the admissibility criteria set out in Article 35 of the Convention?

2. Has there been a violation of Article 8 taken alone and/or in conjunction with Article 14 of the Convention due to the impossibility for the applicant to lodge an appeal against the decision assigning custody to the mother of the child, whereas the law offered such a possibility to parents who had previously been married?