Scheidungsvergleich im Grundbuch: EGMR verurteilt Österreich

Aus den Gründen:

The Court therefore cannot but conclude that the domestic courts never actually examined the core of the applicant
s claim because of the lack of a comprehensive examination of the question whether the legal obligation to produce the full original divorce settlement – which could serve as basis for the entry in the land register and subsequently be published in the document archive – was compatible with the effective enjoyment, by the applicant, of his right to protection of his personal data. The domestic courts therefore have failed to comply with their procedural obligation under Article 8 of the Convention to conduct a comprehensive assessment of a matter affecting the applicants privacy rights (compare Lewit v. Austria, no. 4782/18, § 87, 10 October 2019, andTaliadorou and Stylianou, cited above, § 58).

The Court reiterates, moreover, that the data in question were personal. They consisted of details on the division of matrimonial assets, the custody and residence of the two minor children, the alimony agreement, and an overview of the assets and the income of the applicant (see paragraph 5 above). In these circumstances, the Court considers that in the applicants case the domestic courts would have had to address the question how to ensure the effective enjoyment of his privacy rights under Article 8 of the Convention. As the States positive obligations require the legislator to establish a legal framework guaranteeing the effective enjoyment of these rights (see paragraph 61 above), the Court cannot but concur with the applicants argument that the domestic courts, who did not find it necessary to apply to the Constitutional Court themselves, failed to sufficiently assess possibilities to interpret the applicable provisions of the LRA in compliance with the Convention. As a result, the domestic courts refused to address the Convention issue, either as a problem of the domestic legislation or as one of its interpretation.

There has accordingly been a violation of Article 8 of the Convention.

EGMR 6.4.2021, BswNr 5434/17, Liebscher/Österreich