1st P – Article 1

Freezing of company assets during a criminal investigation. Violation of the right to respect of property

JUDGMENT Gration Treyd, TOV v. Ukraine 22.02.2024 (app. no. 9166/14) see here SUMMARY Seizure of the applicant company’s assets by the prosecuting authorities for approximately eight months. The applicant is a limited liability company specialising in the manufacture of CD-ROMs. Following a search of the company’s premises in the context of a criminal investigation into […]

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απαλλοτρίωση

The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Refusal to grant the applicant the status of disabled person on the ground that no oral procedure was held. Infringement of the right to a fair trial

JUDGMENT Duric v. Serbia 06.02.2024 (app. no. 24989/17) see here SUMMARY The applicant applied to the competent administrative courts for recognition as a war invalid because at the age of only 13 he was injured by the remains of an explosive device from an earlier armed conflict that had not been destroyed. His request was […]

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Encumbering of a flat owned by the applicant by virtue of an ex lege unpaid easement created by the property restitution legislation in favour of a housing cooperative: no violation

JUDGMENT Wiegandová v. the Czech Republic 11.01.2024 (app0 no. 51391/19) see here SUMMARY Encumbrance of the applicant’s apartment property by virtue of an ex lege security interest (usufruct) in real property under a statutory provision in favour of a housing association. The apartment was built by the former communist regime. The applicant sought the termination […]

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Occupation of land by the State for the purpose of constructing a dike on a river. Compensation of owners. No finding of violation by the ECHR

JUDGMENT Sorasio and others v. Italy 05.11.2023 (app. no. 56888/16, 57121/16, 57145/16 and 57679/16) see here SUMMARY The case concerned the occupation of part of the applicants’ agricultural land in Villanova Solaro by the Interregional Agency for the Po River (Agenzia Interregionale per il fiume Po) for the building of an embankment, and the court […]

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απαλλοτρίωση

Designation of land as forest and Natura protected areas without compensation. Violation of the right to respect for property

JUDGMENT “Porceni Pleșa” and “Piciorul Bătrân Banciu” v. Romania 28.11.2023   (app. no. 46201/16 and 47379/18). see here SUMMARY The case concerned two associations of forestry proprietors who complained that, in spite of a legally recognised right, they had not received compensation for the fact that they were unable to make use of their forests, […]

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The owner’s obligation to pay a standing heating charge, as they had disconnected from the heating network violated their right to property!

JUDGMENT Kitanovska and Trajkovski v. North Macedonia 14.11.2023 (app. no. 71657/17 and 9 others) see here SUMMARY The applicants complained that the obligation to pay a fixed charge to a private heat supplier introduced by the State violated their peaceful enjoyment of their property (apartments) under Article 1 of the First Protocol to the Convention. […]

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Retroactive application of a new shorter deadline for filing an application in a pending case! Violation of the right to access to court

JUDGMENT Legros and others v. France 09.11.2023 (app. no. 72173/17 and 17 others) see here SUMMARY The appeals of the applicants before the administrative courts concerning various issues were rejected as inadmissible with irrevocable decisions because during the litigation, a new shorter deadline for filing an appeal was applied with retroactive effect. The Court found […]

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