1st P - Article 1 Archives - Page 10 of 24

Refusal to pay benefits to a pregnant woman on the grounds that she fraudulently found a job since she was in the process of in vitro fertilization! Illegal discrimination on the grounds of sex at work

1st P - Article 1
05/02/2021 08:32

JUDGMENT Jurčić v. Croatia 04.02.2021 (app. no. 54711/15) see here SUMMARY Gender discrimination at work. Refusal of social security to pay legal benefits to the employee – applicant for the period of absence from work while on maternity leave. The domestic authorities considered that the employment contract was a sham and should not look for […]

Protection of vulnerable groups from eviction from the Court! An interesting intervention regarding the protection the home

1st P - Article 1
21/12/2020 18:40

JUDGMENT
Béla Németh v. Hungary 17.12.2020 (app. no. 73303/14)
The case concerned the applicant’s not being able to take possession of a property he had bought
owing to a legal moratorium on evictions. State bodies had been exempt from the moratorium. He
had had to wait two years before ultimately being able to exercise his ownership rights.
The Court found that the moratorium had had a basis in law, had served a legitimate interest, and, in
particular, had not deprived him of his legitimate expectation regarding ownership of the property,
merely delayed it.
The Court also found that the applicant’s situation had not been comparable to that of State actors
and as such he had suffered no discrimination

Squatting of a hotel for 3 years for housing refugees. Conviction for violation of property rights and payment of 312,500 euros from Greece!

1st P - Article 1
04/12/2020 17:10

JUDGMENT
Papachela and Amazon S.A. v. Greece 03.12.20 (app. no. 12929/18)
The case concerned the occupation of a hotel for over three years by migrants and a group acting
out of solidarity with them. The hotel belongs to Ms Papachela and to a limited company, of which
she is the sole shareholder.
The applicants complained that the authorities had remained inactive when asked to evict the
squatters, who had remained in the hotel from April 2016 until July 2019, at which point they left
the premises of their own accord. In the meantime, the applicants had lodged a number of
complaints, which were either adjourned or not examined at all. A decision given by a Justice of the
Peace, ordering the eviction and recovery of possession of the hotel, was never enforced. During
that period Ms Papachela was forced to sell her house to cover the debts incurred as a result of the
squatters’ occupation (taxes, water and electricity bills) in order to avoid criminal proceedings.

Cancellation of cadastral registration against owners who had a legal title after 60 years, disrupted the legal certainty and violated the right to property

1st P - Article 1
02/12/2020 12:31

JUDGMENT
Muharrem Güneş and others v. Turkey 24.11.2020 (app. no. 23060/08)
Challenge of ownership of real estate by the state after 55 years and cancellation of title deed after 60 years. Good governance, legal certainty and property rights.
The applicants are owners of a property, the title of which had been registered by their predecessor father, in the Land Registry. Their predecessor had been recognized as the owner of the property since 1951, by virtue of a court decision due to uninterrupted peaceful possession. After 55 years, the ownership of the applicants in some parts of the said property was disputed by the State and after the opinion of the cadastral committee, a registration correction was made and the ownership passed to the state. The domestic courts rejected the applicants’ appeals in an irrevocable decision on the ground that those parts constituted a forest area and were considered inadmissible for the establishment of a right in rem by individuals.

Late imposition of an administrative fine for violation of the customs code and seizure of real estate. Violation of the right to respect for property

1st P - Article 1
01/11/2020 11:27

JUDGMENT Artashes Antonyan v. Armenia 22.10.2020 (app. no. 24313/10) see here SUMMARY Imposition of an overdue customs fine. Foreclosure and auction of real estate. Right to property. The applicant was fined under the Customs Code for inaccurate invoicing of imported products. The imposition of a fine took place after the expiry of the two-month period […]

The ECtHR sentenced Greece to compensation for violation of property rights in an expropriation case

1st P - Article 1
29/10/2020 16:10

JUDGMENT Moustakidis v. Greece 29.10.2020 (app. no. 58999/13) see here SUMMARY Expropriation and calculation of compensation. The applicant was deprived of the use of part of his property due to expropriation, in which his business was housed. He was compensated for the value of the land he was deprived of and for the impairment of […]

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

1st P - Article 1
12/10/2020 06:57

JUDGMENT Agapov v. Russia 06.10.2020 (app. no. 52464/15) see here SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

Monastery against monk heirs. Violation of the right to the property of the heirs

1st P - Article 1
09/10/2020 16:04

JUDGMENT Lamberi and others v. Greece 08.10.2020 (app. no. 18312/12) see here SUMMARY Monk inheritance and right to property. The applicants sold to third-party buyers a property they inherited from their ancestor, who was a monk. He himself had left the monastery, but this was not confirmed by a certificate of exemption from monastic duties […]

Loss of property due to illegal title. Bad faith pwner. Non violation of the right to respect of property

1st P - Article 1
28/09/2020 07:17

JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]

Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

1st P - Article 1
26/09/2020 15:42

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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