Property Archives

The obligation of a person unfit for military service due to health reasons to pay an exemption tax from the army was discriminatory. Violation due to discrimination!

Article 14
16/02/2021 09:48

JUDGMENT Ryser v. Switzerland 12.1.2021 (app. no. 23040/13) see here SUMMARY The case concerned Mr Ryser’s liability to the military service exemption tax even though he had been declared unfit for service. The applicant complained of discrimination on the grounds of his state of health. The Court found that Mr Ryser had indeed suffered discriminatory […]

Publication on the internet of public debtors information. The posting served the public interest. Non-violation of the right to respect for privacy

Article 8
16/02/2021 09:29

JUDGMENT L.B. v. Hungary 12.01.2021 (app. no. 36345/16) see here SUMMARY Privacy, publicity of public debtors on the internet, personal data and public interest. The applicant brought an action for violation of his privacy under Article 8 of the ECHR because the tax authority published tax lists on the internet with his personal data as […]

Seizure and sale of products due to illegal inventory. Disproportionate interference with the right to peaceful enjoyment of possessions

1st P - Article 1
15/02/2021 13:49

JUDGMENT Aktiva DOO v. Serbia 19.01.2021 (app. no. 23079/11) see here SUMMARY Seizure and sale of goods. Right to peaceful enjoyment of possessions and excessive burden. Following an inspection of the applicant company’s warehouses, the State authorities seized goods for non-inventory. The goods were sold to other companies. The criminal proceedings against the CEO of […]

Expropriation of property. Principle of the single procedure. Violation of the right to respect for property

1st P - Article 1
15/02/2021 13:07

JUDGMENT Alfa Glass Anonymi Emboriki Etairia Yalopinakon v. Greece 28.01.2021 (app.no. 74515/13) see here SUMMARY Expropriation of property and compensation. Principle of the single procedure. During the expropriation process, the civil courts refused to consider the company’s objection, claiming that it was profitable due to the execution of the works related to the expropriation, as […]

Cancellation of apartment purchase according to domestic law with simultaneous return of the sale price. The right to property was not violated

1st P - Article 1
14/02/2021 10:04

JUDGMENT Grozdanić and Gršković-Grozdanić κατά v. Croatia 28.01.202 (app. no. 43326/13) see here SUMMARY Property right, cancellation of purchase with return of the sale price and proportionality of intervention. By court decisions, the purchase and sale of real estate of the applicants who were beneficiaries of housing was annulled. The apartment was initially leased to […]

The decision to reimburse the applicant for compensation as a civil servant when she moved to another office violated her right to property

1st P - Article 1
12/02/2021 18:39

JUDGMENT Casarin v. Italy 11.02.2021 (app. no. 4893/13) see here SUMMARY Principles of justified trust of the administrator and good administration. An administrative act was issued to reimburse the compensation received by the applicant as a salary difference when she moved to another Ministry. The domestic courts rejected her appeal on the ground that the […]

Exploitation of intellectual property without payment of compensation violated the right to property

1st P - Article 1
11/02/2021 19:32

JUDGMENT AsDAC v. Democracy of Moldova 08.12.2020 (app. no. 47384/07) see here SUMMARY The case concerned the National Bank of Moldova’s use on new coins of artworks created by two members of the applicant association without paying royalties. It raised questions about the association’s victim status and respect for its property rights. The Court began […]

Repayment in euros of a property loan taken out in Swiss francs. The ECHR approach

1st P - Article 1
11/02/2021 18:33

JUDGMENT Antonopoulou v. Greece 11.02.2021 (no. 46505/19) see here SUMMARY The case concerned the conclusion of a loan agreement and the repayment of the loan. The applicant complained that she had had to repay to the bank an amount in euros that far exceeded the amount she had borrowed in Swiss francs. The Court noted […]

Protection of vulnerable groups from eviction from the Court! An interesting intervention regarding the protection the home

1st P - Article 1
21/12/2020 18:40

JUDGMENT
Béla Németh v. Hungary 17.12.2020 (app. no. 73303/14)
The case concerned the applicant’s not being able to take possession of a property he had bought
owing to a legal moratorium on evictions. State bodies had been exempt from the moratorium. He
had had to wait two years before ultimately being able to exercise his ownership rights.
The Court found that the moratorium had had a basis in law, had served a legitimate interest, and, in
particular, had not deprived him of his legitimate expectation regarding ownership of the property,
merely delayed it.
The Court also found that the applicant’s situation had not been comparable to that of State actors
and as such he had suffered no discrimination

Squatting of a hotel for 3 years for housing refugees. Conviction for violation of property rights and payment of 312,500 euros from Greece!

1st P - Article 1
04/12/2020 17:10

JUDGMENT
Papachela and Amazon S.A. v. Greece 03.12.20 (app. no. 12929/18)
The case concerned the occupation of a hotel for over three years by migrants and a group acting
out of solidarity with them. The hotel belongs to Ms Papachela and to a limited company, of which
she is the sole shareholder.
The applicants complained that the authorities had remained inactive when asked to evict the
squatters, who had remained in the hotel from April 2016 until July 2019, at which point they left
the premises of their own accord. In the meantime, the applicants had lodged a number of
complaints, which were either adjourned or not examined at all. A decision given by a Justice of the
Peace, ordering the eviction and recovery of possession of the hotel, was never enforced. During
that period Ms Papachela was forced to sell her house to cover the debts incurred as a result of the
squatters’ occupation (taxes, water and electricity bills) in order to avoid criminal proceedings.

Property