3 MARCKX v. BELGIUM JUDGMENT - for the Government: Mr. J. NISET, Legal Adviser at the Ministry of Justice, Agent, Mr. G. VAN HECKE, avocat à la Cour de cassation, Counsel, Mr. P. VAN LANGENAEKEN, Director General at the Ministry of Justice, Adviser; - for the Commission: Mr. C.A. NØRGAARD, Principal Delegate, Mr. J. CUSTERS and Mr. N. KLECKER, Delegates, Mrs. L. VAN LOOK, the applicants’ counsel before the Commission, assisting the Delegates under Rule 29 para. 1, second sentence. The Court heard addresses by Mr. Nørgaard, Mr. Custers and Mrs. Van Look for the Commission and by Mr. van Hecke for the Government, as well as their replies to questions put by several judges. AS TO THE FACTS A. Particular circumstances of the case 8. Alexandra Marckx was born on 16 October 1973 at Wilrijk, near Antwerp; she is the daughter of Paula Marckx, a Belgian national, who is unmarried and a journalist by profession. Paula Marckx duly reported Alexandra’s birth to the Wilrijk registration officer who informed the District Judge (juge de paix) as is required by Article 57 bis of the Belgian Civil Code ("the Civil Code") in the case of "illegitimate" children. 9. On 26 October 1973, the District Judge of the first district of Antwerp summoned Paula Marckx to appear before him (Article 405) so as to obtain from her the information required to make arrangements for Alexandra’s guardianship; at the same time, he informed her of the methods available for recognising her daughter and of the consequences in law of any such recognition (see paragraph 14 below). He also drew her attention to certain provisions of the Civil Code, including Article 756 which concerns "exceptional" forms of inheritance (successions "irrégulières"). 10. On 29 October 1973, Paula Marckx recognised her child in accordance with Article 334 of the Code. She thereby automatically became Alexandra’s guardian (Article 396 bis); the family council, on which the sister and certain other relatives of Paula Marckx sat under the chairmanship