CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 29 juin 2010

.s800EAC49 { font-size:12pt } .sA678F94A { margin-top:0pt; margin-bottom:0pt; text-align:right; font-size:11pt } .s29100277 { font-family:Arial; font-weight:bold } .sC547D3F { margin-top:0pt; margin-bottom:12pt; text-align:right; font-size:11pt } .s19A99A56 { margin-top:12pt; margin-bottom:17pt; text-align:center; font-size:11pt } .s92211FAE { margin-top:17pt; margin-bottom:17pt; text-align:center; font-size:11pt } .sC17C2A74 { margin-top:17pt; margin-bottom:5pt; text-align:center } .sBB9EE52A { font-family:Arial } .s444FCFCE { margin-top:5pt; margin-bottom:0pt; font-size:11pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4BAE41EE { font-family:Arial; font-size:11pt } .s7ED160F0 { text-decoration:none } .s92A5AB2 { font-family:Arial; font-size:11pt; text-decoration:underline; color:#0069d6 } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s365FF37E { margin-top:0pt; margin-bottom:12pt; font-size:11pt } .s6E42BAA0 { margin-top:12pt; margin-bottom:17pt; font-size:11pt } .s980053D4 { margin-top:17pt; margin-bottom:17pt; font-size:11pt } .sF8D23689 { margin-top:17pt; margin-bottom:5pt; font-size:11pt } .s3D964D38 { margin-top:17pt; margin-bottom:17pt } .s33F76D61 { margin-top:17pt; margin-bottom:5pt; text-align:center; font-size:11pt } .sD90B161E { margin-top:5pt; margin-bottom:12pt } .s500D534C { margin-top:12pt; margin-bottom:5pt; text-align:center; font-size:11pt } .s99A63BFE { margin-top:0pt; margin-bottom:0pt; text-align:left; font-size:11pt } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sC90828B6 { font-family:Arial; font-size:11pt; text-decoration:underline } .s4D4F15A { margin-top:0pt; margin-bottom:5pt; text-align:left; font-size:11pt } .s79A77717 { margin-top:5pt; margin-bottom:5pt; text-align:left; font-size:11pt } 530 29.06.2010 Press release issued by the Registrar FORTHCOMING GRAND CHAMBER JUDGMENT 6 July 2010   The European Court of Human Rights will deliver its Grand Chamber judgment in the case of Neulinger and Shuruk v. Switzerland (application no. 41615/ 07) in a public hearing on Tuesday 6 July 2010 at 11 a.m. - local time - in the Human Rights Building, Strasbourg.   The press releases and the text of the judgment will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Principal facts The applicants, Isabelle Neulinger and her son Noam Shuruk, are Swiss nationals who were born in 1959 and 2003 respectively and live in Lausanne (Switzerland, Canton of Vaud). In 1999 Ms Neulinger settled in Israel where she married Shai Shuruk in 2001. Their son, Noam, was born in Tel Aviv in 2003. Ms Neulinger, fearing that Noam would be abducted by his father into a “Loubavitch-Habad” community, applied to the Tel Aviv Family Court, which in 2004 imposed a ban on Noam leaving the country until he attained majority. The first applicant was granted interim custody and parental responsibility was granted to both parents jointly. The father’s contact rights were subsequently restricted on account of his threatening behaviour. In February 2005 the parents divorced and in June Ms Neulinger secretly left Israel for Switzerland with her son. In a decision of 30 May 2006, issued following an application by the child’s father, the Tel Aviv Family Court observed that the child was habitually resident in Tel Aviv and that the parents had joint parental responsibility for their son. The court held that the child’s removal from Israel without the father’s consent was wrongful within the meaning of Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980. In a decision of 29 August 2006, the father’s application for his son’s return to Israel was dismissed by the Justice of the Peace of the Lausanne district on the ground that there was a grave risk that the child’s return to Israel would expose him to physical or psychological harm or otherwise place him in an intolerable situation. The Vaud Cantonal Court dismissed the father’s appeal, confirming that this case was an exception to the principle of the child’s prompt return, in accordance with Article 13 first paragraph, letter b) of the Hague Convention. On 16 August 2007 the Federal Court allowed the father’s appeal on the ground that that Article had been wrongly applied and ordered the first applicant to return the child to Israel.   In a provisional-measures order of 29 June 2009 the Lausanne District Court, at the request of Ms Neulinger, decided that Noam should live at his mother’s address in Lausanne, suspended the father’s right of access in respect of his son and granted parental authority to the mother, so as to allow her to renew the child’s identity papers.     Complaints and procedure The applicants rely, in particular, on Article 8 (right to respect for private and family life) of the European Convention on Human Rights, submitting that Noam’s return to Israel would constitute an unjustified interference in their family life. The application was lodged with the European Court of Human Rights on 26 September 2007. In a judgment of 8 January 2009 , the Court held, by four votes to three, that there had been no violation of Article 8. On 5 June 2009 the case was referred to the Grand Chamber at the applicants’ request. A hearing took place in public in the Human Rights Building, in Strasbourg, on 7 October 2009. On 6 July 2010 the Grand Chamber will deliver its judgment, which will be final. *** The press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on its Internet site . To receive the Court’s press releases, you can subscribe to the Court's RSS feeds . ***   Press contacts [email protected] / +33 3 90 21 42 08   Céline Menu-Lange (tel: + 33 3 90 21 58 77) Emma Hellyer (tel: +33 3 90 21 42 15) Tracey Turner-Tretz (tel: + 33 3 88 41 35 30) Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70) Frédéric Dolt (tel: + 33 3 90 21 53 39) Nina Salomon (tel: + 33 3 90 21 49 79)   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.