Property Archives

The recognition by the court of a decision of the General Assembly as illegal consists of a genuine examination of the merits of the case despite its non-cancellation. No violation of the right to access to court

1st P - Article 1
26/02/2022 16:12

JUDGMENT Fischer v. Czech Republic 24.02.2022 (app. no. 24314/13) see here SUMMARY Access to court. Actual examination of the merits and preliminary settlement of a dispute regarding the illegal decision to increase the share capital of the company, despite the rejection, for reasons of legal certainty, of the application for annulment of the settlement. Possibility […]

Failure to enforce court decisions violated the fair trial! The ECtHR awarded the amounts of court decisions that were not executed! Rejection of applications with inaccurate information

1st P - Article 1
25/02/2022 10:33

JUDGMENT Mastilović and others v. Montenegro 24.02.2022 (app. no. 28754/10) see here SUMMARY Access to court. Non-enforcement of irrevocable court decisions and court compromises. Ratione personae. Inability of the ECtHR to identify some of the applicants. Fair trial. Group application to the ECtHR for violation of a fair trial and the right to property. The […]

Retroactive application of a law that deprived parents of compensation for a child born disabled due to lack of prenatal care. Violation of respect for property

1st P - Article 1
12/02/2022 20:41

JUDGMENT N.M. and others v. France 03.02.2022 (app. no. 66328/14) see here SUMMARY Child disability due to lack of prenatal control. Retroactive application of non-compensation legislation. Protection of property. The case concerns the rejection, by the administrative courts, of the arguments put forward by the first two applicants – and the third applicant’s parents – […]

Reduction of minimum fees for ex-officio appointed lawyers by court decision! Violation of respect for their property

1st P - Article 1
28/01/2022 19:52

JUDGMENT Dănoiu v. Romania 25.01.2022 (app. no. 54780/15) see here SUMMARY Fees of ex-officio appointed lawyers. Arbitrary reduction of their wages. Violation of the right to peaceful enjoyment of possessions. A court decision reduced the minimum statutory fees of three (3) lawyers who were appointed ex officio by the court in order to represent their […]

Customs clearance of products at a lower price than their real value due to an incorrect sales invoice. Imposition of a fine equal to the value of the goods. Violation of respect for property

1st P - Article 1
17/01/2022 08:09

JUDGMENT Krayeva v. Ukraine 13.01.2022 (app. no. 72858/13) see here SUMMARY Imposition of a fine for administrative violation and right to property. Proportionality principle and a fair balance between the requirements of the general interest and the protection of an individual’s right to property. The case concerned a breach of the customs regulations allegedly committed […]

Seizure of money and 27 years of procedures for its return! Violation of respect for property!

1st P - Article 1
29/12/2021 08:24

JUDGMENT Zaklan v. Croatia 16.12.2021 (app. no. 57239/13) see here SUMMARY The case concerned attempts by the applicant to recover foreign currency seized by the Yugoslav authorities in 1991 in Croatia when that State had still been part of Yugoslavia. The Court found in particular that the 27-year wait while administrative proceedings against the applicant […]

The long-term confiscation of a car, which due to improper guarding, lost its value violated the right to respect for property!

1st P - Article 1
24/12/2021 09:15

JUDGMENT Stołkowski v. Poland 21.12.2021 (app. no. 58795/15) see here SUMMARY Confiscation of property and right to property. The ECtHR has already ruled that any confiscation of property constitutes an infringement of the right to respect for property. In the present case the applicant’s car was confiscated by the authorities in order to secure his […]

Seizure and sale of the applicant’s real estate due to the conviction of her ex-husband. Violation of the right to property protection

1st P - Article 1
07/12/2021 17:54

JUDGMENT Godlevskaya v. Russia 07.12.2021 (app. no. 58176/18) see here SUMMARY The case concerns an order for the seizure and sale (обращение взыскания по приговору) of the applicant’s immovable property, imposed by the courts following the criminal conviction of her former husband. The Court specified that the seizure and sale of assets amounted to an […]

In case of loss of a person in a state of war, the burden of proof for the circumstances of death lies with the state that arrested the deceased and not his relatives! The shift of the burden of proof consists of a violation of fair trial!

1st P - Article 1
05/12/2021 14:43

JUDGMENT Baljak and others v. Croatia 25.11.2021 (app. no. 41295/19) see here SUMMARY The case concerned the domestic courts’ dismissal of the applicants’ claim for damages against the State on the grounds that they had failed to prove that the State was responsible for the death of their relative, despite the fact that he had […]

Decision to demolish an arbitrary building without the possibility of appeal and the control of legality by the courts! Violations of property rights and access to court

1st P - Article 1
27/11/2021 18:43

JUDGMENT Kooperativ Neptun Servis v. Russia 23.11.2021 (app. no. 40444/17) see here SUMMARY Decision to demolish an arbitrary shopping center. Right to respect for property. Access to judicial protection against executors of regulatory decisions of the administration. The applicant company set up a shopping center in Moscow, which it operated through various business activities. The […]

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