Property

Expropriation with payment of compensation less than the commercial value. Violation of the right to property

JUDGMENT  LaSpada v. Italy  26.10.2023  (app. no. 2731/14) see here SUMMARY The applicant was deprived of his property, which he used for cultivation, due to expropriation for the construction of a road. The domestic courts awarded an amount of compensation that did not correspond to the commercial value of the property. The decision to pay […]

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ιδιοκτησία

The tax penalties for not issuing invoices are legal and proportionate. The right to property was not violated

JUDGMENT C. Zorina International S.R.L. v. Romania 27.06.2023 ( app. no. 15553/15) see here SUMMARY The applicant company was fined 8,000 RON by the domestic tax authorities and suspended for a period of three months for not issuing invoices for sales of its products. National courts upheld the sanctions. The applicant appealed to the ECtHR […]

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ιδιοκτησία

Non-granting of pension to women after the death of their partners. The stricter requirement of the Constitutional Court violated the right to respect for property

JUDGMENT Del Pino Ortiz and other v. Spain  20.07.2023 (app. no.  20942/19 and 3 others) see here SUMMARY Refusal of the authorities to grant a survivor’s pension to the applicants following the death of their partners. Before April 2014, all applicants were theoretically entitled to a survivor’s pension in the event of the death of […]

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απαλλοτρίωση

Unawarded special compensation for non-expropriated lands for any degradation due to the creation of a new highway. Non-violation of the ECHR

JUDGMENT Kalotarani and others  v. Greece  20.7.2023 (app. no. 42267/14) see here SUMMARY Expropriation of real estate for the widening of Egnatia Road. In non-expropriated parts of real estate are established businesses. The domestic courts rejected the applicants’ claims for special damages because the properties and the businesses located there were deprived of direct access […]

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Deprivation of retroactive pension to a pensioner who was paid a pension for more than 20 years. Violation of the right to respect for property

JUDGMENT Argalioti v. Greece  18.07.2023 (app.  no. 46882/16) see here SUMMARY Removal of the right to a pension by decision of the Council of State which retroactively applied a legislative provision. The applicant submitted an application for an old-age pension in recognition of her time working in Turkey, but her application was rejected as out […]

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Obligation of the owner to allow the installation of a natural gas pipeline on his plot. The compensation he received was adequate and proportionate to his loss

JUDGMENT Miggos v. Greece 01.06.2023 (app. no. 64963/14) see here SUMMARY Obligation of the applicant to allow the installation of a natural gas pipeline on his plot and the entry and exit of DEPA personnel for the repair and maintenance of the pipeline. At the same time, in a specific area on either side of […]

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Failure of the courts to consider the merits of a claim, in the absence of relevant arguments by the claimant, as required by national law. The application is inadmissible

JUDGMENT FUQUAN S.R.O v. the Czech Republic 01.06.2023 (app. no. 24827/14) see here SUMMARY The case concerned the seizure of property amounting to nearly 2.1 million euros belonging to the applicant company in the course of a tax evasion investigation and the trial against its managing director and another member. The property was held for […]

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Confiscation of money and the applicant’s inability to recover it, following criminal prosecution against third parties for “money laundering”. Non-violation of the right to property

JUDGMENT Zaghini v. San Marino 11.05.2023 (app. no.  3405/21) see here SUMMARY In 2003, criminal proceedings were initiated in Italy against the applicant in relation to tax evasion and illegal gains at the expense of the State. A request for judicial assistance was submitted by judicial letters from the Italian prosecution authorities, which was accepted […]

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Eviction and decision to demolish the applicants’ only residence without a proportionality test! Violation of respect for their home

JUDGMENT ALIF AHMADOV AND OTHERS v. AZERBAIJAN 04.05.2023 (app. no. 22619/14) see here SUMMARY Eviction and demolition of a single dwelling. Principle of proportionality. Right to respect for the home. Judicial decisions ordered the applicants to vacate their houses and demolish them at their own expense because they were built on public property that was […]

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