Property

Sudden blocking of owners in visiting and managing their real estate

JUDGMENT  Sandu and others v. the Republic of Moldova and Russia 17.07.2018 (no. 21034/05) see here   SUMMARY The case concerned complaints by 1,646 individual Moldovan applicants and three companies that they had not been able to access land in the separatist region of the “Moldovan Transdniestrian Republic” (“the MRT”) or had suffered other restrictions. The […]

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The refusal to grant permission to build a shopping center by the authorities violates the right to property

JUDGMENT  KIPS DOO and Drekalović v. Montenegro 26.06.2018 (no. 28766/06) see here SUMMARY  Refusal by the authorities to grant a building permit to a shopping mall while all the necessary procedures had been initiated by the applicants. Infringement of Article 1 of the First Protocol (protection of property) for non-issuance of a building permit, Article […]

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Τhe annulment of property rights to land covered by forests of national importance violates the Convention

JUDGMENT  Beinarovič and others v. Lithuania 12.6.2018 (no. 70520/10, 21920/10 and 41876/11) see here SUMMARY The case concerned the annulment of property rights to plots of land on the grounds that the plots were covered by forests of national importance. The Court found in particular that the annulment in itself did not constitute a violation […]

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Ireland’s restrictions on mussels company were fair and in line with Convention

JUDGMENT  O’Sullivan McCarthy Mussel Development Ltd v. Ireland  07.06.2018 (no. 44460/16) see here SUMMARY  The case concerned the company’s complaint that the Irish Government had caused it financial losses by the way it had complied with European Union environmental legislation. The company fishes for immature mussels (mussel seed), and then cultivates and sells them when […]

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The seizure of products by a company and the disappearance of the seized items without payment of damages violates the right to property protection

JUDGMENT  OOO KD-Konsalting v. Russia  29.05.2018 (no. 54184/11) see here   SUMMARY  Seizure of product as evidence by the authorities. Disappearance of the seized and no compensation. Infringement of Article 1 of the First Protocol regarding the Infringement Property Rights PROVISION  Article 1 of the First Protocol PRINCIPAL FACTS The applicant company, OOO KD-Konsalting, is a […]

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Order to repay mistakenly paid unemployment benefits was excessive burden, violating Convention

JUDGMENT  Čakarević v. Croatia 26.04.2018 (no.  48921/13) see here SUMMARY  The case concerned the applicant’s complaint that she had been ordered to repay unemployment benefits after the employment office made a mistake in authorising the payments. The Court observed that Ms Čakarević, who was unemployed and suffered from ill health, had done nothing to mislead […]

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περιουσία

The protection of property requires ownership of the property or its use

JUDGMENT  Sakskoburggotski and others v. Bulgaria 12.04.2018 (no. 38948/10, 55777/12 and 8954/17) see here SUMMARY  The case Sakskoburggotski and Others v. Bulgaria (application nos. 38948/10, 55777/12 and 8954/17) concerns the former King of Bulgaria, his sister and five other members of the royal family, and their attempts to obtain the restitution of former properties of […]

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περιουσία

The Greek state was asking much more in order to recover the property than it paid for the expropriation.

JUDGMENT   Kanaginis v. Greece 8.3.2018 (application no. 27662/09)   see here   SUMMARY  Expropriation of property and subsequent recovery of property. No proportionality between the amount of compensation and the amount required by the State for the return of the property to the owner. Infringement of the right to property protection. PROVISION  Article 1 of the […]

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περιουσία

ECHR rejects complaints about Italian tax on compensation for property expropriation

JUDGMENT  Cacciato v. Italy (no. 60633/16) and Guiso and Consiglio v. Italy 08.02.2018 (no. 50821/06) see here   SUMMARY  Expropriation of land by municipal authorities for building purposes. Compensation to owners with a 20% withholding tax. The ECtHR recognized a margin of appreciation in the exercise of fiscal policy and the determination of the tax rate and therefore did […]

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ECHRCaseLaw

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