1st P – Article 1

Confiscation of money and the applicant’s inability to recover it, following criminal prosecution against third parties for “money laundering”. Non-violation of the right to property

JUDGMENT Zaghini v. San Marino 11.05.2023 (app. no.  3405/21) see here SUMMARY In 2003, criminal proceedings were initiated in Italy against the applicant in relation to tax evasion and illegal gains at the expense of the State. A request for judicial assistance was submitted by judicial letters from the Italian prosecution authorities, which was accepted […]

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Eviction and decision to demolish the applicants’ only residence without a proportionality test! Violation of respect for their home

JUDGMENT ALIF AHMADOV AND OTHERS v. AZERBAIJAN 04.05.2023 (app. no. 22619/14) see here SUMMARY Eviction and demolition of a single dwelling. Principle of proportionality. Right to respect for the home. Judicial decisions ordered the applicants to vacate their houses and demolish them at their own expense because they were built on public property that was […]

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απαλλοτρίωση

Award of compensation of over €1.5 million to former royal-family members for unfair moratorium on use of forestland

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 02.05.2023 (app. no. 38948/10) see here SUMMARY The case concerned, in particular, a moratorium on the transfer and on the commercial exploitation of former Crown property imposed in 2009. It had been brought by the former King of Bulgaria, Simeon II, and his sister, a former princess. In its […]

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Expropriation of a plot without payment of compensation! Violation of respect of property

JUDGMENT APRILE v. ITALY 09.03.2023 (app. no. 11557/09) see here  SUMMARY The case concerns the applicant’s complaint that she was deprived of land through the application of an indirect form of expropriation (“occupazione usurpativa”) by the domestic courts. The applicant was the owner of a plot of land. Without issuing any public-interest declaration or any […]

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Seizure of the applicant’s assets and confiscation of proceeds of crime following her conviction for corruption. Non-infringement of right to property

JUDGMENT CĂPĂŢÎNĂ v. ROMANIA 28.02.2023 (app. no. 911/16) see here SUMMARY Temporary seizure of applicant’s assets during criminal proceedings on corruption charges and post-conviction confiscation of proceeds of crime not arbitrary. No issue of disproportionality with amounts seized and confiscated in the circumstances and bearing in mind calculation method used. The Court considered whether the […]

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ιδιοκτησία

Legislative regulation for the discharge of debtors from their debts. Inability to satisfy creditors. Violation of respect for property

JUDGMENT KATONA AND ZÁVARSKÝ v. SLOVAKIA 09.02.2023 (app. nos. 43932/19 and 43995/19) see here SUMMARY Deprivation of peaceful enjoyment of the applicants’ possessions because of impossibility of pursuing in legal proceedings claims against bankrupt debtor. The latter owed money to the applicants because they had transferred a part of their shares to him. The inability […]

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Ineffective criminal investigation of author copyright infringement online. Violation of respect for property

JUDGMENT Korotyuk v. Ukraine 19.01.2023 (app. no. 74663/17) see here SUMMARY The applicant is the author of a book that was made available for illegal download on the Internet. Without her consent, a copy of the book was made available for download against payment on a website primarily dedicated to sharing Ukrainian textbooks. She lodged […]

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Application of national legislation contrary to EU law and conviction of accused! Conviction by ECtHR for manifest legal error of the domestic courts. Supremacy of EU law

JUDGMENT Spasov v. Romania 06.12.2022 (app. no.  27122/14) see here SUMMARY The case concerned a Romanian court judgment convicting Mr Spasov, the owner and captain of a Bulgarian-flagged vessel, of illegal fishing inside Romania’s exclusive economic zone in the Black Sea. In the proceedings before the Romanian authorities, Mr Spasov argued that the quantity of […]

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Inefficiency and non-implementation of the mechanism for the restoration of properties that had been nationalized and confiscated. Infringement of property right

JUDGMENT Văleanu and others v. Romania 08.11.2022 (app. no. 59012/17 and 29 others) see here SUMMARY The case concerned restitution of property, which had been nationalised by the communist regime, under the new Law no. 165/2013. The Court found in particular that even though it had validated the law in question in its Preda and […]

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