PROCEDURE

The present case was referred to the Court by the European Commission of Human Rights (“the Commission“) on 12 October 1983, within the three-month period laid down by Articles 32 para. 1 and 47 (art. 32-1, art. 47) of the Convention. The case originated in an application (no. 8777/79) against the Kingdom of Denmark lodged with the Commission on 21 May 1979 under Article 25 (art. 25) by Mr. Per Krohn Rasmussen, a Danish national.

The Commission's request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Denmark recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). The purpose of the request was to obtain a decision as to whether or not the facts of the case disclosed a breach by the respondent State of its obligations under Article 14 of the Convention taken in conjunction with Articles 6 and 8 (art. 14+6, art. 14+8).

In response to the inquiry made in accordance with Rule 33 para. 3 (d) of the Rules of Court, the applicant stated that he wished to take part in the proceedings pending before the Court and designated the lawyer who would represent him (Rule 30).

The Chamber of seven judges to be constituted included, as ex officio members, Mr. J. Gersing, the elected judge of Danish nationality (Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the President of the Court (Rule 21 para. 3 (b)). On 27 October 1983, the President drew by lot, in the presence of the Registrar, the names of the five other members, namely Mr. M. Zekia, Mr. W. Ganshof van der Meersch, Mr. F. Matscher, Mr. B. Walsh and Mr. R. Macdonald (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43). Subsequently, Mr. Zekia and Mr. Walsh, who were prevented from taking part in the consideration of the case, were replaced by Mr. C. Russo and Mrs. D. Bindschedler-Robert, substitute judges (Rules 22 para. 1 and 24 para. 1).

Mr. Wiarda, who had assumed the office of President of the Chamber (Rule 21 para. 5), ascertained, through the Registrar, the views of the Agent of the Danish Government (“the Government“), the Delegate of the Commission and the representative of the applicant regarding the necessity for a written procedure (Rule 37 para. 1). On 14 November 1983, the President directed that the Agent and the representative should each have until 15 February 1984 to file a memorial and that the Delegate should be entitled to reply in writing within two months from the date of the transmission to him by the Registrar of whichever of the aforesaid documents should last be filed. On 6 February 1984, the President extended the first time-limit until 15 March. The Government's and the applicant's memorials were received at the registry on 19 March. On 17 April, the Secretary to the Commission informed the Registrar that the Delegate would reply at the hearing.

After consulting, through the Registrar, the Agent of the Government, the Commission's Delegate and the applicant's representative, the President directed on 3 May that the oral hearings should open on 26 June 1984 (Rule 38). On 24 November 1983, he had granted to the representative leave to use the Danish language on this occasion (Rule 27 para. 3). On 30 May, the Registrar, acting on the instructions of the President, requested the Commission and the Government to produce certain documents, which were received on 7, 12 and 15 June.

The hearings were held in public on 26 June at the Human Rights Building, Strasbourg. Immediately before they opened, the Court had held a preparatory meeting. There appeared before the Court:

for the Government Mr. T. Lehmann, Ministry of Foreign Affairs, Agent, Mr. T. Melchior, Ministry of Justice, Counsel, Mr. J. Bernhard, Ministry of Foreign Affairs, Mr. B. Vesterdorf, Ministry of Justice, Advisers;

for the Commission Mr. T. Opsahl, Delegate;

for the applicant Mrs. J. Lindgård, advokat, Counsels The Court heard addresses by Mr. Lehmann and Mr. Melchior for the Government, by Mr. Opsahl for the Commission and by Mrs. Lindgård for the applicant, as well as replies to its questions.

AS TO THE FACTS

I. THE PARTICULAR CIRCUMSTANCES OF THE CASE

The applicant, Mr. Per Krohn Rasmussen, is a Danish citizen, born in 1945. He currently works as a clerk and resides in Nyborg. He was married in 1966. During the marriage, two children were born, a boy in 1966 and a girl, Pernille, on 20 January 1971. The applicant had grounds, even before the latter's birth, for assuming that another man might be the father; however, in order to save the marriage, he took no steps to have paternity determined.

In June 1973, Mr. Rasmussen and his wife applied for a separation (separation ved bevilling), which they obtained on 9 August. In accordance with their agreement, Mrs. Rasmussen retained custody of the children and the competent authority issued a decision to the effect that Mr. Rasmussen should pay maintenance for them from 1 September 1973. He in fact did so from that date until 1 June 1975.

In March 1975, the applicant, who had previously still nurtured hopes of preserving the marriage, took some steps to institute proceedings to challenge his paternity of Pernille. To this end, he applied for legal aid. However, he did not pursue the matter since, on 28 April 1975, he and his wife signed an agreement whereby she waived all claims for maintenance for the child and he undertook to refrain from bringing any such proceedings.

In June 1975, the applicant and his wife applied for a divorce (skilmisse ved bevilling), which was granted on 16 July. On this occasion, he reaffirmed before the authorities that the mother should have sole custody of the children and was once more ordered to pay maintenance for them. He did not raise any objection.

On 16 January 1976, four days before Pernille's fifth birthday, the applicant's former wife wrote to him asserting that she was not bound by the agreement of 28 April 1975. She later lodged with the public authorities a renewed petition for maintenance, which was granted by order effective from 1 March 1976. Since then, Mr. Rasmussen has regularly paid the maintenance.

On 27 January 1976, Mr. Rasmussen sought leave from the Eastern Court of Appeal (Østre Landsret) to institute proceedings out of time to determine the paternity of the girl (see paragraph 19 below). In accordance with the normal procedure, the police, at the Court of Appeal's request, interviewed Mr. Rasmussen and his former wife in March 1976 and recorded their statements in a report.

The Court of Appeal refused the application on 12 April 1976, for the reason that the statutory conditions for granting leave at that time were not satisfied (see paragraph 19 below). The applicant did not appeal against the decision within the statutory time-limit. However, on 27 July 1976, he petitioned the Ministry of Justice for leave to appeal out of time to the Supreme Court (Højesteret), but this was refused on 3 September 1976.

On 20 November 1978, Mr. Rasmussen applied again to the Court of Appeal for leave to institute paternity proceedings. His former wife opposed the application, on the ground that such proceedings would have a detrimental effect on the child. By a decision of 11 December 1978, the Court of Appeal refused the application for the reason that the applicant had not brought the action contesting paternity within the time-limits provided for in section 5(2) of the 1960 Act on the Legal Status of Children (“the 1960 Act“ - Lov nr. 200 af 18.5.1960 om børns retsstilling; see paragraph 19 below) and that there was no cause to grant him any exemption since the conditions laid down in section 5(3) were not met. A similar decision was given by the Supreme Court on 12 January 1979.