Sul margine di apprezzamento degli Stati in tema di capacità matrimoniale degli stranieri (Corte europea dei diritti dell'uomo, causa O'DONOGHUE AND OTHERS c. REGNO UNITO, 14 marzo 2011, ric. n. 34848/07).
1.Declares the complaints concerning Article 8 and Article 12 and concerning Article 14 of the Convention read together with Articles 8, 9 and 12 admissible and the remainder of the application inadmissible;
2.Holds that there has been a violation of Article 12 of the Convention;
3.Holds that there has been a violation of Article 14 of the Convention read together with Article 12;
4.Holds that there has been a violation of Article 14 of the Convention read together with Article 9;
5. Holds that there is no need to examine the complaints under Article 8 of the Convention, read either alone or in conjunction with Article 14;
(a) that the respondent State is to pay the applicants jointly, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of theConvention, the following amounts, to be converted into British pounds, where appropriate, at the rate applicable at the date of settlement:
(i) EUR 8,500 (eight thousand five hundred euros), plus any tax that may be chargeable, in respect of non pecuniary damage;
(ii) GBP 295 (two hundred and ninety-five British pounds) in respect of pecuniary damage; and
(iii) EUR 16,000 (sixteen thousand euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
7. Dismisses the remainder of the applicants' claim for just satisfaction.
Per il testo integrale della decisione, clicca qui.