The European Court of Human Rights has ruled that there is a breach of the ECHR, in the event that a state makes the filing of a consensual divorce agreement with the Land Registry a precondition for the completion of a transfer of property.
The case concerned a transfer of property after an amicable divorce and the requirement to enter the full divorce settlement containing personal data into the public land register for the transfer to be possible.
Relying in particular on Article 8 (right to respect for private and family life) of the European Convention on Human Rights, the applicant , who is an Austrian national living in Vienna, complained that the obligation to submit the divorce settlement in its entirety to the land register, where it would be publicly accessible, in order to have the request for the transfer of his ownership share granted, had amounted to a violation of his right to respect for his private life, in particular the protection of his personal data.
The Court decided that there is a violation of Article 8 and ordered Austria to pay in addition costs and expenses 1,874 euros.
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