Property

ιδιοκτησία

The non-implementation of court decisions by the tax authorities violated the right to property of the taxpayer. The ECtHR calls for immediate enforcement of decisions and threatens with compensation

JUDGMENT Maria Mihalache v. Romania 30.06.2020  (app. no. 68851/16) see here  SUMMARY Right to property, public interest and enforcement of court decisions. The applicant was charged with tobacco smuggling. The tax authorities imposed a huge fine and signed a mortgage on her property. The prosecutor filed the case due to lack of criminal liability. The Administrative […]

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Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

JUDGMENT Covalenco v. the Republic  of Moldova  16.06.2020 (no. 72164/14) see here   SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

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Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no.  69019/11) see here   SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

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Mandatory rental agreements for retirees and the homeless. Violation of the right to the lessor’s property

JUDGMENT Kasmi v. Albania  23.06.2020 (no. 1175/06) see here SUMMARY Forced rent for the homeless. Right to the lessor’s property. The plaintiff was obliged by an irrevocable decision of the Supreme Court to impose compulsory leases on apartments owned by him, which had been concluded during the nationalization of his property, but remained active even […]

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Business license is property protected by the European Convention of Human Rights

JUDGMENT Gospodăria țărănească Chiper Terenti Grigore v. Democracy of Moldova 02.06.2020 (no. 71130/13) see here  SUMMARY Limits of state intervention in business activity. Mining operation permit is conceptually included in the property. The applicant company is engaged in the extraction of limestone, gravel and sand. In an investigation conducted by the competent Attorney General, the […]

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Sharia and its application. Greece has one year in order to restore the right of ownership of the applicant. Measures and alternatives

GRAND CHAMBER JUDGMENT Molla Sali v. Greece  18.06.2020 (no. 20452/14) Βλ. εδώ SUMMARY The case Molla Sali v. Greece (application no. 20452/14) concerned the application by the Greek courts of Sharia law to an inheritance dispute among Greek nationals belonging to the Muslim minority. In its principal judgment delivered on 19 December 2018 by the […]

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Return, after a court decision with a delay, of confiscated drinks, when they became unsuitable for consumption. Violation of property rights

JUDGMENT Avendi OOD v. Bulgaria 04.06.2020 (no. 48786/09) βλ. εδώ  SUMMARY Seizure of goods in criminal proceedings. Irrevocable decision on their return. Delay in their return. Right to property. The applicant company is active in the trade of alcoholic beverages. After  search  26,748 liqueur bottles of Baileys was confiscated because they did not bear the […]

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απαλλοτρίωση

Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.

JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]

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The delay in the return of unduly paid taxes and the unnecessary judicial actions of the tax authorities violated the right to property of the taxpayer!

JUDGMENT Antonov v. Bulgaria  28.05.2020 (appl. no. 58364/10) see here  SUMMARY Tax refund and delay in court decision enforcement. A large amount of taxes was wrongly charged to the applicant. He appealed before the domestic courts, which acquitted him and ordered the competent tax authority to return the money. Nevertheless, the tax authority, without providing […]

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