Property

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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Cancellation of the purchase and sale of a property due to errors by public authorities. The state is responsible and not the citizen

JUDGMENT Batkivska Turbota Foundation v. Ukraine 9.10.2018 (no. 5876/15) see here SUMMARY The case concerned the applicant organisation being deprived of its ownership of parts of a sanatorium which it had bought from the property arm of Ukraine’s Federation of Trade Unions in 2002. The Federation itself had gained control of the premises through a […]

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The applicants’ reconciliation with the State for their real estate had terminated the dispute over its loss and did not entitle them to appeal before the Court

JUDGMENT Yeşil and others Turkey  27.09.2018 (no.  26608/07 and 328/08)  see here  SUMMARY  The applicants owned land in a region known for its major tourist attractions and which is listed as a mountain pasture area. The case concerned proceedings to have their title deeds annulled. The Court observed, firstly, that some of the applications had […]

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Estimation of compensation for expropriation based on the market value and not the assessment of the tax office. No payment of compensation to the beneficiaries for 30 years.

JUDGMENT  Kopankovi v. Bulgaria 06.09.2018 (no. 48929/12) see here  PRINCIPAL FACTS  The case concerned a Bulgarian family’s complaint that property they had owned in Kazanlak had been expropriated without compensation. The applicants are Lyudmil Kopankov, Miroslav Kopankov, Stanka Kopankova, and Stanislav Kopankov. They are Bulgarian nationals who were born in 1941, 1974, 1941, and 1967, […]

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Failure to pay compensation for the expropriation of company assets for public use violates the ECHR

JUDGMENT  Β. Tagliaferro & Sons Limited and Coleiro Brothers Limited v. Malta 11.09.2018 (no. 75225/13 and 77311/13) see here   SUMMARY Expropriation for public use and property right. Twenty-five years after the expropriation of two companies’ properties, the public project was not executed. Absence of irrevocable court order for compensation. Infringement of the right to property and right of […]

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Enlargement of the concept of residence by the ECtHR

JUDGMENT  Mindek v. Croatia 11.09.2018  (no. 6169/13) see here   SUMMARY Concept of residence. Enlargement of the concept. A residence is the place where someone has a sufficient and continuous bond without having to spend their daily lives there. Revision of a decision pursuant to Article 80 (1) of the ECtHR Court Regulation. Request for […]

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The withdrawal of licenses for airlines without sufficient safeguards against arbitrariness, violates the right to property

JUDGMENT Tiramavia S.R.L. and Others v. the Republic of Moldova (applications nos. 54115/09, 55707/09, and 55770/09) See here SUMMARY Airlines and certificates. Withdrawal of licenses for three airlines due to their irregularities under the EU and their travel to destinations prohibited by national law. Not providing sufficient guarantees against arbitrary actions and breach of the […]

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