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 […]
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 […]
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 […]
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 […]
JUDGMENT Vladimirova v. Russia 10.4.2018 (no. 21863/05) see here SUMMARY Late execution of a court order to pay compensation for more than two years and negligence of the investigator in the sugar report in order to facilitate its misappropriation. Infringement of the right to property protection and the right to a fair trial due to […]
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 […]
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 […]
JUDGMENT Chorbov v. Bulgaria 25.01.2018 (no. 39942/13) see here SUMMARY Not paying a lawyer his full fee for the legal services he provided by representing the State at the International Court of Arbitration in Paris in 2005. Infringement of Article 1 of the First Protocol (protection of property) and Article 13 (right to an effective […]
JUDGMENT Pavlovici v. Republic of Moldava 30.01.2018 (no. 5711/03) see here SUMMARY Failure to enforce an irrevocable decision in favor of the applicant for the recovery of assets. Infringement of Article 6 § 1 (fair trial) and Article 1 of the First Protocol (protection of property) because the failure to enforce an irrevocable decision violates […]
Impossibility to evict residents of a 18-room house due to annual rent of 466! Infringement of property rights.
JUDGMENT Cassar v. Malta 20.01.2018 (no. 50570/13) see here SUMMARY Rent. Long-term lease of an 18-room from a old-age couple with an annual rent of 466 euros, which continued with the tenant’s daughter. Owners are unable to pay the tenants and have to rent another house to stay. Infringement of Article 1 of the First […]