Published on 27 November 2023

FIRST SECTION

Application no. 54648/21 Marina GAGINO and Pietro COSSA against Hungary lodged on 27 October 2021 communicated on 6 November 2023

SUBJECT MATTER OF THE CASE

The applicants are Italian nationals, living in Acqui Terme. Their complaint under Article 8 of the Convention concerns the Hungarian guardianship authority’s alleged failure to decide, in an expeditious manner, on their requests for contact rights in respect of their son’s daughter, born in 2016. The girl lives with her Hungarian mother in Budapest.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicants’ right to respect for their family life, contrary to Article 8 of the Convention? In particular, have the authorities observed their positive obligations under Article 8 to promptly ensure that the applicants could exercise their contact rights with their granddaughter (see, for instance, Mitovi v. the former Yugoslav Republic of Macedonia, no. 53565/13, §§ 58-64, 16 April 2015; Manuello and Nevi v. Italy , no. 107/10, § 52, 20 January 2015; and Eberhard and M. v. Slovenia , nos. 8673/05 and 9733/05, §§132-42, 1 December 2009)?

2. The parties are invited to inform the Court about any developments of the case since 6 June 2019 (the adoption of the first instance decision of the Budapest XIIth District Guardianship Authority), notably about any submissions or decisions relating to the domestic proceedings on the applicants’ contact rights, and to submit copies thereof.

3. The applicants are invited to detail the nature and regularity of their contact with their granddaughter since her birth.