1st P - Article 1 Archives - Page 9 of 24

Retroactive cancellation of property titles that had been classified as forestry resources, without payment of compensation. Disregard for the good faith of the defendants. Violation of property right

1st P - Article 1
16/03/2021 18:40

JUDGMENT Gavrilova and others v. Russia 16.03.2021 (app. no. 2625/17) see here SUMMARY The case concerned the judicial annulment of the applicants’ title deeds to plots of land which they had purchased under a series of transactions, and the return of those plots to State ownership on the grounds that they were “forestry resources”. The […]

Use by a state-owned company of patent without the permission of the inventor. Violation of the right to respect for property!

1st P - Article 1
28/02/2021 19:23

JUDGMENT Tokel v. Turkey 09.02.2021 (app. no. 23662/08) see here SUMMARY Property right and patent. A large company with 25 branches used the applicant’s invention relating to a belt system for drying tea. Two months before the applicant’s patent was granted, the company, taking advantage of domestic law, used the invention in its factory and […]

The award of excessive court costs against a defeated environmental NGO violated its right to property.

1st P - Article 1
18/02/2021 10:35

JUDGMENT National Movement Ekoglasnost v. Bulgaria 15.12.2020 (αρ. προσφ. 31678/17) see here SUMMARY The case concerned the applicant association’s being ordered to pay allegedly excessive costs to a nuclear power plant in proceedings for the reopening of a civil trial. The Court found in particular that the Supreme Administrative Court had failed to give sufficient […]

Government decision to cancel shares for bank restructuring. Lack of judicial control over the need for restructuring. Violation of the right to respect for property and a fair trial

1st P - Article 1
17/02/2021 11:08

JUDGMENT PROJECT-TRADE D.O.O. v. Croatia 19.11.2020 (app. no. 1920/14) see here SUMMARY Withdrawal and cancellation of company shares in a bank, right of access to court and right to peaceful enjoyment of property. Government decision on financial restructuring of the Croatian National Bank, where the applicant company had shares. The contested government decision consisted in […]

Seizure and sale of products due to illegal inventory. Disproportionate interference with the right to peaceful enjoyment of possessions

1st P - Article 1
15/02/2021 13:49

JUDGMENT Aktiva DOO v. Serbia 19.01.2021 (app. no. 23079/11) see here SUMMARY Seizure and sale of goods. Right to peaceful enjoyment of possessions and excessive burden. Following an inspection of the applicant company’s warehouses, the State authorities seized goods for non-inventory. The goods were sold to other companies. The criminal proceedings against the CEO of […]

Expropriation of property. Principle of the single procedure. Violation of the right to respect for property

1st P - Article 1
15/02/2021 13:07

JUDGMENT Alfa Glass Anonymi Emboriki Etairia Yalopinakon v. Greece 28.01.2021 (app.no. 74515/13) see here SUMMARY Expropriation of property and compensation. Principle of the single procedure. During the expropriation process, the civil courts refused to consider the company’s objection, claiming that it was profitable due to the execution of the works related to the expropriation, as […]

Cancellation of apartment purchase according to domestic law with simultaneous return of the sale price. The right to property was not violated

1st P - Article 1
14/02/2021 10:04

JUDGMENT Grozdanić and Gršković-Grozdanić κατά v. Croatia 28.01.202 (app. no. 43326/13) see here SUMMARY Property right, cancellation of purchase with return of the sale price and proportionality of intervention. By court decisions, the purchase and sale of real estate of the applicants who were beneficiaries of housing was annulled. The apartment was initially leased to […]

The decision to reimburse the applicant for compensation as a civil servant when she moved to another office violated her right to property

1st P - Article 1
12/02/2021 18:39

JUDGMENT Casarin v. Italy 11.02.2021 (app. no. 4893/13) see here SUMMARY Principles of justified trust of the administrator and good administration. An administrative act was issued to reimburse the compensation received by the applicant as a salary difference when she moved to another Ministry. The domestic courts rejected her appeal on the ground that the […]

Exploitation of intellectual property without payment of compensation violated the right to property

1st P - Article 1
11/02/2021 19:32

JUDGMENT AsDAC v. Democracy of Moldova 08.12.2020 (app. no. 47384/07) see here SUMMARY The case concerned the National Bank of Moldova’s use on new coins of artworks created by two members of the applicant association without paying royalties. It raised questions about the association’s victim status and respect for its property rights. The Court began […]

Repayment in euros of a property loan taken out in Swiss francs. The ECHR approach

1st P - Article 1
11/02/2021 18:33

JUDGMENT Antonopoulou v. Greece 11.02.2021 (no. 46505/19) see here SUMMARY The case concerned the conclusion of a loan agreement and the repayment of the loan. The applicant complained that she had had to repay to the bank an amount in euros that far exceeded the amount she had borrowed in Swiss francs. The Court noted […]

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