KUNSBERG SARRE v. AUSTRIA - 19475/20 (Judgment : Article 8 - Right to respect for private and family life : Fourth Section)

Art 8 • Private and family life • Unjustified prohibition on prefix "von" in applicants' surnames, after long period of accepted use, on the basis of the 1919 Abolition of Nobility Act inconsistently applied • Fair balance between competing interests not struck

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Tim Eicke , President , Gabriele Kucsko-Stadlmayer, Faris Vehabović, Iulia Antoanella Motoc, Branko Lubarda, Armen Harutyunyan, Anja Seibert-Fohr , judges , and Ilse Freiwirth, Deputy Section Registrar,

the applications (nos. 19475/20 , 20149/20 , 20153/20 and 20157/20 ) against the Republic of Austria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by four Austrian nationals, Mr Maximilian Künsberg Sarre, Ms Michaela Künsberg Sarre, Mr Nikolaus Künsberg Sarre and Mr Thomas Martin Künsberg Sarre ("the applicants"), on 23 April and 7 May 2020;