1st P - Article 1 Archives - Page 8 of 24

The seizure of a building, as an additional penalty to a conviction for organized crime, was not a disproportionate measure. No violation of property rights

1st P - Article 1
09/10/2021 18:19

JUDGMENT Djordjević v. France 07.10.2021 (app. no. 15572/17) see here SUMMARY The case concerned the confiscation of a building belonging to the applicant, who had been convicted of a repeat offence of criminal conspiracy, in application of an additional penalty allowing property to be confiscated in blanket fashion. The Court noted that the confiscation had […]

Notice of application before Court concerning compulsory vaccination of certain workers imposed by French law on health crisis

1st P - Article 1
08/10/2021 18:09

NOTICE OF APPLICATION TO THE GOVERNMENT OF FRANCE see here SUMMARY The European Court of Human Rights notified the French Government of the application in Thevenon v. France (App. No. 46061/21) and requested observations on its admissibility and merits. The case concerns the compulsory vaccination against COVID-19 imposed on certain professions as in the case […]

Large indemnities in companies due to state monopoly

1st P - Article 1
05/10/2021 17:42

JUDGMENT Könyv-Tár Kft and others v. Hungary 05.10.2021 (app. no. 21623/13) see here SUMMARY State monopoly and business activity of companies. Following the introduction of new measures in 2011 and 2012, the school system in Hungary was completely restructured and the operation of the schools was put under state administration. The new measures introduced a […]

Contradictory decisions of the Supreme Court and rejection of a claim for additional compensation in expropriation despite the fact that in similar cases the claim had been accepted. Violation of property rights

1st P - Article 1
25/09/2021 18:42

JUDGMENT Aliyeva and others v. Azerbaijan 21.09.2021 (app. no. 66249/16 and 6 others applications) see here SUMMARY Right to the peaceful enjoyment of possessions. Legal uncertainty due to contradictory decisions of the Supreme Court on the same issue. The applicants sought additional court compensation of 20% under domestic law for the expropriation of their property […]

Confiscation of private assets because they were acquired by criminal acts, without adequate control! Violation of the right to property

1st P - Article 1
12/08/2021 20:34

JUDGMENT Todorov and others v. Bulgaria 13.07.2021 (app. no. 50705/11, 11340/12, 26221/12, 71694/12, 44845/15, 17238/16 and 63214/16) see here SUMMARY Confiscation of property. Money laundering. Principle of proportionality and right to property. The state confiscated a large part of the applicants’ property, such as vehicles, houses, money, on the grounds that they were obtained from […]

Expropriation by urgent proceedings and disregard of the judicial suspension granted. Violation of the right to respect for property

1st P - Article 1
18/07/2021 19:52

JUDGMENT Yel and others v. Turkey 13.07.2021 (app. no. 28241/18) see here SUMMARY Expropriation of real estate for public benefit with decisions issued as urgent. The Council of State annulled all the administrative expropriation decisions, however its decision had no practical application because it was issued after the expropriation decision, which was executed immediately. The […]

Ill-treatment of Avars by Chechens who were abducted, illegally detained, beaten and some of them disappeared. Violation of important rights of the ECHR

1st P - Article 1
28/06/2021 19:08

JUDGMENT Adzhigitova and others v. Russia 22.06.2021 (app. no. 40165/07 and 2593/08) see here SUMMARY In retaliation for an investigated violent incident, Chechen soldiers stormed Avar homes, abducted many of them, took them to public places, and mistreated them. Some of them disappeared after the end of the operation. The Court found that racial prejudice […]

Cancellation of the purchase and sale of a bona fide buyer because the property was characterized in the title as a plot for gardening and not as a plot for construction! Violation of respect for property!

1st P - Article 1
25/04/2021 09:14

JUDGMENT Semenov v. Russia 16.03.2021 (app. no. 17254/15) see here SUMMARY The case concerned the annulment of the applicant’s title to a plot of land that he had bought from a private individual for market gardening, and the return of that land to the municipality of Omsk, at the request of the public prosecutor. The […]

Construction company created structural problems by mistake in an apartment building. Reduced compensation without sufficient justification. Violation of the right to property

1st P - Article 1
07/04/2021 18:42

JUDGMENT Saraç and others v. Turkey 30.03.2021 (app. no. 23189/09) see here SUMMARY Attempt to demolish a building by mistake. Reduced compensation despite the recognition of full damage. Reduction of compensation by the Supreme Court without justification. Right to property. The applicants’ building was severely damaged when a construction company started demolition work by mistake, […]

Temporary sequestration of housing by the authorities for housing refugees. State responsibility for compensation for damages caused by the refugees! Violation of the right to property

1st P - Article 1
27/03/2021 12:16

JUDGMENT Dabić v. Croatia 18.03.2021 (app. no. 49001/14) see here SUMMARY Seizure of the applicant’s home by the State and its use for refugee housing, during which the home was damaged and items were stolen. Right to peaceful enjoyment of possessions. The applicant brought an action against the State seeking compensation for the damage caused […]

1st P – Article 1