Property

The authorities’ complete and prolonged failure to act following the occupation of a building by housing activists, without any legal title, breached the Convention

JUDGMENT Casa di Cura Valle Fiorita S.r.l. v. Italy 13.12.2018 (no. 67944/13) see here   SUMMARY  The case concerned the applicant company being unable to recover possession of a building in Rome that had been occupied since 2012, without any legal title, by a group of housing activists (movimento lotta per la casa). A final and enforceable judicial […]

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The Court examines private versus public landlord-tenant relationships, dismisses case brought by a private tenant complaining about a possession order

JUDGMENT  F.J.M. v. United Kingdom  29.11.2018 (no.  76202/16) see here   SUMMARY  The case concerned a possession order against a tenant after the landlords, who were also her parents, defaulted on their mortgage payments. The applicant complained under Article 8 (right to respect for private and family life and the home) that the UK courts had […]

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The malfunctioning of state institutions, which prevents the payment of lawful compensation of citizens, violates the right to peaceful enjoyment of their property

JUDGMENT  Arzhiyeva and Tsadayev v. Russia 13.11.2018 (no. 66590/10 and 3773/11) see here   SUMMARY Compensation for property damage to the applicants caused by hostilities in Chechnya. Non-satisfaction of claims for compensation due to a lack of public authority. The Commission did not register the applicants on an official list for compensation. Infringement of the applicants’ right […]

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ιδιοκτησία

Confiscation and retention for over nine years of sums of money not declared to Bulgarian customs: violation of the right to property

JUDGMENT  Togrul v. Bulgaria 15.11.2018 (no. 20611/10) see here SUMMARY The case concerned the confiscation by the Bulgarian authorities of a sum of 199,400 euros (EUR) which Mr Togrul had not declared to Bulgarian customs, and the retention of a sum of EUR 9,100. The Court observed that Mr Togrul had been penalised in administrative […]

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απαλλοτρίωση

The obligation of the owner of the property to be expropriated to pay part of the costs of legal representation of the opposing State has caused him excessive burdens and violated his right to the peaceful enjoyment of his property.

JUDGMENT Musa Tarhan v. Turkey  23.10.2018 (no. 12055/17) see here  SUMMARY Land expropriation and determination of compensation price by Courts. Complain of the applicant that he had not received compensation reflecting the value of his property as he was asked to pay part of the costs of the legal representation of the administrative authorities. The […]

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Tenant owners against low rents. The Court does justice to owners for violation of respect for their property.

JUDGMENT Bradshaw and others v. Malta 23.10.2018 (no. 37121/15) see here   SUMMARY Owners against tenants. Right to property. Long-term lease of multi-storey property in a band club. The rent was only 1.25% of the lease value of the free market by 2014. The imbalance was clear. After 2014, the legislation allowed the rent to double, […]

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The theft of parts of a helicopter that has beeen seized by the authorities following a police investigation violates the right to property.

JUDGMENT Barkanov v. Russia 16.10.2018 (no.  45825/11) see here SUMMARY The case concerned restrictions imposed by the Russian authorities between 2008 and 2017 on the use of a helicopter belonging to Mr Barkanov. The Court found, in particular, that there had been no legal basis for the restrictions on the use of the aircraft. PROVISION […]

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ιδιοκτησία

The European Court of Human Rights against the monopolisation of school books distribution. Lost clientele is considered as protected property

JUDGMENT Könyv-Tár Kft and others v. Hungary 16.10.2018 (no.  21623/13) see here SUMMARY The applicant companies, Könyv-Tár Kft, Suli-Könyv Kft and Tankönyv-Ker Bt, are Hungarian companies which were active in the sale and distribution of text books to schools. In 2011 and 2012 Parliament passed legislation to centralise the management of schools, which had been […]

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απαλλοτρίωση

Expropriation took no account of loss of means of subsistence and so it violated applicants’ property rights

JUDGMENT  Osmananyan and Amiraghyan v. Armenia 11.10.2018 (no.  71306/11) see here SUMMARY The case concerned the expropriation of the applicants’ land for mining. The Court noted that the applicants had complained that the expropriation price was too low and took no account of the income they gained from fruit trees on the land. The domestic courts […]

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Confiscation of all the amount of the undeclared money at customs violates the principle of proportionality

JUDGMENT Gyrlyan v. Russia 9.10.2018  (no. 35943/15) see here SUMMARY Confiscation of $ 90,000 at an airport because they were not declared. The interference by the national authorities with the applicant’s right to property was not in accordance with the principle of proportionality, since the lawful origin of the confiscated cash was not disputed, the […]

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ECHRCaseLaw

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