1st P - Article 1 Archives - Page 2 of 24

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

1st P - Article 1
15/11/2023 16:27

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 […]

Expropriation with payment of compensation less than the commercial value. Violation of the right to property

1st P - Article 1
03/11/2023 20:26

JUDGMENT LaSpada v. Italy 26.10.2023 (app. no. 2731/14) see here SUMMARY The applicant was deprived of his property, which he used for cultivation, due to expropriation for the construction of a road. The domestic courts awarded an amount of compensation that did not correspond to the commercial value of the property. The decision to pay […]

Dismissal of appeal as inadmissible for non-payment of court fees. Violation of the right to due process

1st P - Article 1
29/09/2023 18:49

JUDGMENT SEDRAKYAN v. Armenia 26.09.2023 ( app. no. 5337/13) SUMMARY The applicant’s residence was expropriated and auctioned. He brought an action for damages which was dismissed as inadmissible in the Court of Appeal for non-payment of court fees despite the fact that they had not been precisely determined by the court. The ECtHR found nothing […]

The tax penalties for not issuing invoices are legal and proportionate. The right to property was not violated

1st P - Article 1
27/07/2023 08:41

JUDGMENT C. Zorina International S.R.L. v. Romania 27.06.2023 ( app. no. 15553/15) see here SUMMARY The applicant company was fined 8,000 RON by the domestic tax authorities and suspended for a period of three months for not issuing invoices for sales of its products. National courts upheld the sanctions. The applicant appealed to the ECtHR […]

Non-granting of pension to women after the death of their partners. The stricter requirement of the Constitutional Court violated the right to respect for property

1st P - Article 1
24/07/2023 15:57

JUDGMENT Del Pino Ortiz and other v. Spain 20.07.2023 (app. no. 20942/19 and 3 others) see here SUMMARY Refusal of the authorities to grant a survivor’s pension to the applicants following the death of their partners. Before April 2014, all applicants were theoretically entitled to a survivor’s pension in the event of the death of […]

Unawarded special compensation for non-expropriated lands for any degradation due to the creation of a new highway. Non-violation of the ECHR

1st P - Article 1
21/07/2023 19:54

JUDGMENT Kalotarani and others v. Greece 20.7.2023 (app. no. 42267/14) see here SUMMARY Expropriation of real estate for the widening of Egnatia Road. In non-expropriated parts of real estate are established businesses. The domestic courts rejected the applicants’ claims for special damages because the properties and the businesses located there were deprived of direct access […]

Deprivation of retroactive pension to a pensioner who was paid a pension for more than 20 years. Violation of the right to respect for property

1st P - Article 1
18/07/2023 19:50

JUDGMENT Argalioti v. Greece 18.07.2023 (app. no. 46882/16) see here SUMMARY Removal of the right to a pension by decision of the Council of State which retroactively applied a legislative provision. The applicant submitted an application for an old-age pension in recognition of her time working in Turkey, but her application was rejected as out […]

Refusal to provide child benefit to mothers who did not have a residence permit. Non-violation of the ECHR

1st P - Article 1
25/06/2023 20:00

JUDGMENT Χ and others v. Ireland 22.06.2023 (app. no. 23851/20 and 24360/20) see here SUMMARY The case concerns the rule that the payment of child benefit in Ireland can only be made to claimants who are lawfully resident in the State. The Court found that the immigration status of the applicants (X and Y) at […]

Obligation of the owner to allow the installation of a natural gas pipeline on his plot. The compensation he received was adequate and proportionate to his loss

1st P - Article 1
16/06/2023 19:55

JUDGMENT Miggos v. Greece 01.06.2023 (app. no. 64963/14) see here SUMMARY Obligation of the applicant to allow the installation of a natural gas pipeline on his plot and the entry and exit of DEPA personnel for the repair and maintenance of the pipeline. At the same time, in a specific area on either side of […]

Failure of the courts to consider the merits of a claim, in the absence of relevant arguments by the claimant, as required by national law. The application is inadmissible

1st P - Article 1
05/06/2023 18:45

JUDGMENT FUQUAN S.R.O v. the Czech Republic 01.06.2023 (app. no. 24827/14) see here SUMMARY The case concerned the seizure of property amounting to nearly 2.1 million euros belonging to the applicant company in the course of a tax evasion investigation and the trial against its managing director and another member. The property was held for […]

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