PARTLY DISSENTING OPINION OF JUDGE VAJIĆ

1. Unfortunately, I am unable to share the opinion of the majority that there has been a violation of Article 8 in the present case.

In addition, in view of the Court’s judgment in Elsholz v. Germany (cited in paragraph 38 of the present judgment) I am unable to share the opinion of the majority as to the violation of Article 8 in conjunction with Article 14 of the Convention.

Concerning both violations I agree with the views which Judge Pellonpää has expressed in his dissenting opinion.

2. I have with some hesitation voted with the majority in favour of a finding that the applicant’s rights under Article 6 of the Convention were violated in the present case.

I see considerable force in the view of Judge Pellonpää that the problem that raises Section 63a of the Act on Non-Contentious Proceedings, as in force at the relevant time (see paragraph 28) is one of discrimination rather than access to court and could therefore have been dealt with under Article 6 read in conjunction with Article 14.

I accept, however, that the problem can also be looked at as one of  unreasonable limitation on access to court. In other words, the exclusion of a general right of a further appeal by operation of law (in the version of the law in force at the relevant time), limited the applicant’s right of access to court to such an extent that it amounted to a violation of Article 6 of the Convention.