Property

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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ιδιοκτησία

Seizure of property of an alleged kidnapped victim, when the victim herself stated that she was not a victim and that there was no kidnapping! Violation of property rights.

JUDGMENT Litvinenko v. Russia 05.05.2020 (no. 84447/17) see here  SUMMARY Seizure of property as part of a criminal investigation by the alleged abducted victim. Authorities seized the applicant’s property, which was allegedly the victim of an abduction from unknown criminals, in order to prevent the perpetrators from illegally disposing of her property. The applicant had […]

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Lack of capital is not a legitimate reason for a reduction in government allowance for the purchase of housing. Violation of the right to property

JUDGMENT Nechayeva v. Russia 12.05.2020 (no. 18921/15) see here  SUMMARY State allownace for the purchase of a first home, state budget and the right to property. The applicant mother of 4 children was judged by the competent committee of the Ministry of Labor to be eligible for a grant to purchase a house. The commission […]

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απαλλοτρίωση

The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here   SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them,  they […]

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The calculation of compensation in compulsory expropriation is determined by the commercial value of the property

JUDGMENT Kostov and others v. Bulgaria 14.05.2020 ( no.66581/12 and 25054/15) see here SUMMARY The case concerned the applicants’ complaints that they had been awarded disproportionately low amounts of compensation when property they owned on the outskirts of Sofia was expropriated by the State for the construction of roads. The Court, which is currently considering […]

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δικηγόρος

Appeal resignation on behalf of the non-legally appointed representative of the appellant. Violation of the right of access to court

JUDGMENT Madžarović and others v. Montenegro 05.05.2020 (no.  54839/17 and  71093/17) see here  SUMMARY Right to appeal. The applicants are the CEO of the company and 2 subsidiaries. From the above mentioned, a third company was established, which concluded a loan agreement with the Bank, providing its shares in the common investment fund as collateral. […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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Insufficient justification of court decisions and failure to respond to the parties’ allegations violated the fair trial

JUDGMENT Mazahir Jafarov v. Azerbaijan 02.04.2020 (no. 39331/09) see here SUMMARY Right to be heard. Rejection of the courts to return the use of the applicant’s apartment to him by removing it from his ex-wife and children, in exchange for the payment of compensation on his behalf.  Insufficient justification for domestic court decisions. According to […]

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ECHRCaseLaw
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