BeckRS 2024, 9904
EGMR: Art 8 • Positive obligations • Private life • Inability of the applicant, who was adopted as a child, to obtain information concerning her biological origins and health information about her biological parents • Information concerning a completed adoption constituting an official secret under domestic law which could not be shared • Lack of possibility to obtain access to non-identifying information concerning an adopted person’s biological origins or childhood • No exception on medical grounds preventing the domestic authorities from assessing applicant’s arguments as to alleged need to obtain health-related information • Failure to strike a balance between the competing interests at stake • Margin of appreciation overstepped
Urteil vom 14.05.2024 - 20949/21