CEDH · PRESS;HEARINGS;ENG — 18 janvier 2007

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s72F9D48A { width:107.25pt; display:inline-block } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   40 18.01.2007   Press release issued by the Registrar   CHAMBER HEARING WAGNER AND OTHER v. LUXEMBOURG   The European Court of Human Rights is holding a Chamber hearing today, 18 January 2007 at 9 a.m., on the merits in the case of Wagner and other v. Luxembourg (application no. 76240/01).   The applicants   The case concerns an application brought by Jeanne Wagner, a Luxembourg national aged 39, (born on 31 August 1967), and her adopted daughter J.M., born in Peru in 1993. Both live in Luxembourg.   Summary of the facts   Pursuant to a Peruvian judgment of 6 November 1996, Mrs Wagner adopted a three-year-old Peruvian girl who had been declared abandoned.   In 1997 the applicants brought a civil action to have the Peruvian judgment declared enforceable in Luxembourg for purposes, in particular, of the child’s civil registration and acquisition of Luxembourg nationality.   On 2 June 1999 the District Court dismissed the applicants’ application for an order to enforce the Peruvian adoption judgment on the ground that it was contrary to Article 367 of the Civil Code whereby full adoption was not available to a single woman. The applicants appealed, claiming principally that the first-instance judgment was at odds with Article 8 (right to respect for family life) of the European Convention on Human Rights. The applicants’ appeal was declared unfounded on 6 July 2000 and a further appeal on points of law was dismissed by the Court of Cassation on 14 June 2001.   The applicants also brought administrative proceedings following the refusal by the Minister for the Family, Social Solidarity and Youth to take the necessary measures to ensure that full adoption was recognised by the Luxembourg authorities. Their action was upheld at first instance but was dismissed by the higher Administrative Court on 1 July 2004, ruling on an appeal by the Ministry.   Complaints   The applicants complain, under Article 6 § 1 of the Convention (right to a fair hearing), that they have been deprived of a fair hearing because the Luxembourg civil courts failed to examine their argument based on a violation of Article 8. They further complain, relying on Article 8, of the failure by the Luxembourg authorities to recognise the family relationship created between them by the judgment of full adoption delivered in Peru. Lastly, relying on Article   14 (prohibition of discrimination), in conjunction with Article 8, the applicants consider that the child has suffered from unjustified discrimination on account of the refusal to recognise the full adoption.   Procedure   The application was lodged with the European Court of Human Rights on 15 November 2000 and declared admissible on 5 October 2006.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Loukis Loucaides (Cypriot), Anatoli Kovler (Russian), Elisabeth Steiner (Austrian), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), Sverre Erik Jebens (Norwegian), judges , Nina Vajić (Croatian), Françoise Tulkens (Belgian), substitute judges , and also Santiago Quesada , Deputy Section Registrar .   Representatives of the parties   Government :   Luc Schaack , François Moyse , Counsel ,;   Applicants :   Jean-Paul Noesen , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.