Proprietorship

απαλλοτρίωση

Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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Failure to pay full compensation for the total damage suffered by the owner in case of expropriation of property violates the right to ownership.

JUDGMENT  Moustakidis v. Greece 3-10-2019 (appl. no. 58999/13) see here SUMMARY Expropriation, percentage of compensation and jurisdiction of the Courts. The applicant was denied the use of part of his property for the purpose of expropriation on which his business was housed. He was compensated for the value of the deprived land and for the […]

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The state must immediately repair the property damage of Bosnia and Herzegovina residents who were expelled during the war.

JUDGMENT Orlović and others v. Bosnia and Herzegovina 1/10/2019 (no. 16332/18) see heree   SUMMARY Refugees, deprivation of their property, implementation of the peace agreement. The applicants come from Bosnia and Herzegovina. During the war, they were expelled from their land and deprived of their property. After signing the Peace Agreement and returning to their homeland, […]

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Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

JUDGMENT  Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019  see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

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The damages awarded by the national courts must restore the victim to the position he was in before his right was infringed.

JUDGMENT Portanier v. Malta 27.08.2019 (no. 55747/16) see here SUMMARY  Rental application. Restitution of the victim of a violation of rights. Appeal on domestic legal protection in case of infringement of property rights. Although the national courts acknowledged that the applicant’s right to own property as a lessor had been infringed, they were awarded minor […]

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Gambling games. The unannounced suspension of all gambling licenses, without prior compensation, without notice and without justification for reasons of public interest, violated the right to property.

JUDGMENT Svit Rozvag, Tov and others v. Romania  27.06.2019 (no. 13290/11, 62600/12 and 49432/16) see here  SUMMARY Right to property. Protection from arbitrary state interference. The applicant companies run gambling business. For cause of an unfortunate incident that happened in a shop,  parliament passed into law a bill gambling all  together and  the Ministry of Finance had […]

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Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here  SUMMARY  In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

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Fishing in a coastal basin by a fishing company that had rights in rem. Arbitrary governmental interference and eviction without payment of damages violated the right to property.

JUDGMENT Zappa S.A.S. v. Italy  04.07.2019 (no. 43842/11) see here  SUMMARY Fish farming, property rights,  state intervention. The applicant company had secured its property rights in “fishing valleys” in the province of Venice lagoon for a number of years when, after about 18 years, it received a state order to vacate those water bodies on […]

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