Property

Inefficiency and non-implementation of the mechanism for the restoration of properties that had been nationalized and confiscated. Infringement of property right

JUDGMENT Văleanu and others v. Romania 08.11.2022 (app. no. 59012/17 and 29 others) see here SUMMARY The case concerned restitution of property, which had been nationalised by the communist regime, under the new Law no. 165/2013. The Court found in particular that even though it had validated the law in question in its Preda and […]

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ιδιοκτησία

Seizure of company property without the existence of any legal procedures. Violation of the right to respect for property

JUDGMENT Theo National Construct S.R.L. v. Democracy of Moldova 11.10.2022 (app. no.  72783/11) see here SUMMARY The case concerned the hostile takeover (“raider attack”) and alleged seizure of possessions of a road construction company in which the applicant company had a 50 percent share, by another of its partner companies, controlled by a Moldovan businessman […]

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ιδιοκτησία

Seizure of money found at the defendant’s residence belonging to his wife. Violation of respect for property

JUDGMENT Malygina v. Russia 20.09.2022 (app. no. 29962/18) see here SUMMARY Seizure of the applicant’s money to pay her husband’s fine. Right to the peaceful enjoyment of property. The applicant’s husband was sentenced to imprisonment and a fine. Their residence was searched and the amount of money found (15,500,000 rubles) was confiscated in order to […]

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Demolition of a house despite the existence of a decision of interim measures which ordered a suspension of the demolition! Violation of the due process

JUDGMENT Mehmet Taner Şentürk v. Turkey 20.09.2022 (app. no. 51470/15) see here SUMMARY The appellant had erected an arbitrary building on public property. A demolition order was issued. With a decision on interim measures, the execution of the decision was ordered to be suspended, but the competent bodies of the municipality proceeded with the demolition […]

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Reproduction of a book and online publishment of it, without the permission of the author! Violation of right to property

JUDGMENT Safarov v. Azerbaijan 01.09.2022 (app. no. 885/12) see here SUMMARY Book copyrights. Right to respect for property. Author protection. The applicant is a writer. Without his consent, his entire book was reproduced by a private individual and presented online on his website. The applicant brought an action for damages, which was dismissed by the […]

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No legal standing of a private bank in legal proceedings and its inability to challenge the revocation of its license. Violation of fair trial and right to property

JUDGMENT Korporativna Targovska Banka AD v. Bulgaria 30.08.2022 (app. no. 46564/15 and 68140/16) see here SUMMARY The case concerned the withdrawal of the applicant bank’s licence by the Bulgarian National Bank and the resulting court proceedings in which it was ordered that it be wound up. In finding violations, the Court held, in particular, that: […]

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ECtHR advisory opinion at the request of the Council of State of France. Establishing criteria to examine the compatibility of the ECHR with a law related to the right to property

ADVISORY OPINION  Advisory opinion in response to a request (no. P16-2021-002) made by the Conseil d’État of the French Republic see here SUMMARY In its request, the Conseil d’État asked the Court about the relevant criteria for assessing the compatibility with Article 14 (prohibition of discrimination) of the European Convention on Human Rights taken together […]

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Failure of authorities to safeguard seized property in criminal proceedings. The castle was delivered in ruins! Violation of the right to property

JUDGMENT SCI Le Chateau du Francport v. France 07.07.2022 (app. no.  3269/18) see here SUMMARY The case concerned a château belonging to the applicant company (SCI Le Château du Francport), which had been seized as part of a judicial investigation into suspected offences before being returned to the applicant four years later in a state […]

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The refusal to allow a woman to receive income from a charitable foundation, on the basis of an Ottoman-era legal document.Conviction for gender discrimination and respect to property

JUDGMENT Dimici Vv. Turkey 05.07.2022 ( app. no. 70133/16) see here SUMMARY The  case concerned the conditions regulating the allocation of surplus income by the Örfioğlu Foundation (created in Diyarbakır in 1536, during the Ottoman period), which introduced a difference in treatment based on the sex of the entitled persons. Pursuant to the Foundation’s constituent […]

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