Property

The damages awarded by the national courts must restore the victim to the position he was in before his right was infringed.

JUDGMENT Portanier v. Malta 27.08.2019 (no. 55747/16) see here SUMMARY  Rental application. Restitution of the victim of a violation of rights. Appeal on domestic legal protection in case of infringement of property rights. Although the national courts acknowledged that the applicant’s right to own property as a lessor had been infringed, they were awarded minor […]

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Gambling games. The unannounced suspension of all gambling licenses, without prior compensation, without notice and without justification for reasons of public interest, violated the right to property.

JUDGMENT Svit Rozvag, Tov and others v. Romania  27.06.2019 (no. 13290/11, 62600/12 and 49432/16) see here  SUMMARY Right to property. Protection from arbitrary state interference. The applicant companies run gambling business. For cause of an unfortunate incident that happened in a shop,  parliament passed into law a bill gambling all  together and  the Ministry of Finance had […]

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Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here  SUMMARY  In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

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απαλλοτρίωση

Fishing in a coastal basin by a fishing company that had rights in rem. Arbitrary governmental interference and eviction without payment of damages violated the right to property.

JUDGMENT Zappa S.A.S. v. Italy  04.07.2019 (no. 43842/11) see here  SUMMARY Fish farming, property rights,  state intervention. The applicant company had secured its property rights in “fishing valleys” in the province of Venice lagoon for a number of years when, after about 18 years, it received a state order to vacate those water bodies on […]

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The confiscation of all the undeclared cash of a passenger who failed to declare it violated property right.

JUDGMENT Sadocha v. Ukraine 11.07.2019 (no. 77508/11) see here  SUMMARY  Confiscation of the entire amount of foreign exchange, which came from a lawful cause, of the applicant-traveler from the customs office as a penalty for non-declaration of the cash. The applicant, a Czech national, traveled from Ukraine to Poland and during the luggage check 31,000 […]

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The unexecuted administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner

JUDGMENT   Chatzigiannakou v. Greece (application no. 58774/12)  18.07.2019  see here SUMMARY Failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk if it were […]

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The non enforcement of an administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner.

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019  see here SUMMARY  The case concerned the failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk […]

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Unlawful revocation of a professional license constitutes a violation of the right to property

JUDGMENT  Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY  Revocation of a license and deprivation of profession.  Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]

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απαλλοτρίωση

The unauthorized demolition of a building, privately owned by the State authorities and the subsequent compulsory expropriation, without the payment of prior compensation, infringed the right to protect the applicants’ property.

JUDGMENT  Zammit and Vassallo v. Malta  28.05.2019 (no. 43675/16) see here   SUMMARY Illegal demolition of a building. Expropriation. Non-payment of appropriate compensation. Withholding rights to use and expropriation property, and forced expropriation of property. The applicants were deprived of their ownership of a building which was initially unlawfully demolished by the competent authorities and then […]

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δικηγόρος

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

JUDGMENT  Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY  Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

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ECHRCaseLaw

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