Property

Slaughter of diseased animals: lack of compensation for a company which had failed to comply with health regulations did not infringe its property rights

JUDGMENT S.A. Bio d’ Ardennes v. Belgium 12.11.2019 (no. 44457/11) see here SUMMARY The case concerned the Belgian authorities’ refusal to compensate the applicant company for the compulsory slaughter of 253 head of cattle infected with brucellosis. The Court found, among other things, that the applicant company had been refused compensation because of numerous breaches […]

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ιδιοκτησία

Forced Expropriation. The critical time for determining the final value of an expropriation compensation unit is the time the discussion takes place where the substance of the case is being investigated in court.

JUDGMENT Tsigaras v. Greece 14-11-2019 (no. 12576/12) see here  SUMMARY  Without the payment of a reasonable amount of compensation proportionate to the value of the expropriated property, deprivation of property is generally an excessive violation of the right to peaceful enjoyment. The appropriateness of the compensation would be reduced if it were to be paid […]

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The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

JUDGMENT  Kuzhelev and others v. Russia 15.10.2019 (no.  64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here  SUMMARY  Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred  to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

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απαλλοτρίωση

Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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The authorities’ failure to provide free drugs to cancer patient due to a state budget restriction violates the right to property.

JUDGMENT Fedulov v. Russia 8/10/2019 (no. 53068/08) see here  SUMMARY The applicant is suffering from cancer. Appropriate free medical care was deemed , but it was unjustifiably discontinued only in the second month of administration. The domestic court dismissed his request for the continuation of the free supply of medicines and reimbursement of costs so far, […]

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απαλλοτρίωση

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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Failure to pay full compensation for the total damage suffered by the owner in case of expropriation of property violates the right to ownership.

JUDGMENT  Moustakidis v. Greece 3-10-2019 (appl. no. 58999/13) see here SUMMARY Expropriation, percentage of compensation and jurisdiction of the Courts. The applicant was denied the use of part of his property for the purpose of expropriation on which his business was housed. He was compensated for the value of the deprived land and for the […]

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απαλλοτρίωση

The state must immediately repair the property damage of Bosnia and Herzegovina residents who were expelled during the war.

JUDGMENT Orlović and others v. Bosnia and Herzegovina 1/10/2019 (no. 16332/18) see heree   SUMMARY Refugees, deprivation of their property, implementation of the peace agreement. The applicants come from Bosnia and Herzegovina. During the war, they were expelled from their land and deprived of their property. After signing the Peace Agreement and returning to their homeland, […]

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Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

JUDGMENT  Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019  see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

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ECHRCaseLaw

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