Proprietorship

The refusal of the courts to examine the merits of the application for partial annulment of the order deprived the applicant of the right of access to a court in breach of Article 6 ECHR

JUDGMENT Hovanisyan v. Armenia 26.03.2024 (app. no. 16480/13) see here SUMMARY Grant of a plot of land to the applicant, for which a provisional certificate of ownership was issued and a certificate of state registration of title was pending. The applicant applied for registration of his title to the National Land Registry, but was refused […]

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απαλλοτρίωση

The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Encumbering of a flat owned by the applicant by virtue of an ex lege unpaid easement created by the property restitution legislation in favour of a housing cooperative: no violation

JUDGMENT Wiegandová v. the Czech Republic 11.01.2024 (app0 no. 51391/19) see here SUMMARY Encumbrance of the applicant’s apartment property by virtue of an ex lege security interest (usufruct) in real property under a statutory provision in favour of a housing association. The apartment was built by the former communist regime. The applicant sought the termination […]

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Occupation of land by the State for the purpose of constructing a dike on a river. Compensation of owners. No finding of violation by the ECHR

JUDGMENT Sorasio and others v. Italy 05.11.2023 (app. no. 56888/16, 57121/16, 57145/16 and 57679/16) see here SUMMARY The case concerned the occupation of part of the applicants’ agricultural land in Villanova Solaro by the Interregional Agency for the Po River (Agenzia Interregionale per il fiume Po) for the building of an embankment, and the court […]

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απαλλοτρίωση

Designation of land as forest and Natura protected areas without compensation. Violation of the right to respect for property

JUDGMENT “Porceni Pleșa” and “Piciorul Bătrân Banciu” v. Romania 28.11.2023   (app. no. 46201/16 and 47379/18). see here SUMMARY The case concerned two associations of forestry proprietors who complained that, in spite of a legally recognised right, they had not received compensation for the fact that they were unable to make use of their forests, […]

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The owner’s obligation to pay a standing heating charge, as they had disconnected from the heating network violated their right to property!

JUDGMENT Kitanovska and Trajkovski v. North Macedonia 14.11.2023 (app. no. 71657/17 and 9 others) see here SUMMARY The applicants complained that the obligation to pay a fixed charge to a private heat supplier introduced by the State violated their peaceful enjoyment of their property (apartments) under Article 1 of the First Protocol to the Convention. […]

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Retroactive application of a new shorter deadline for filing an application in a pending case! Violation of the right to access to court

JUDGMENT Legros and others v. France 09.11.2023 (app. no. 72173/17 and 17 others) see here SUMMARY The appeals of the applicants before the administrative courts concerning various issues were rejected as inadmissible with irrevocable decisions because during the litigation, a new shorter deadline for filing an appeal was applied with retroactive effect. The Court found […]

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Expropriation with payment of compensation less than the commercial value. Violation of the right to property

JUDGMENT  LaSpada v. Italy  26.10.2023  (app. no. 2731/14) see here SUMMARY The applicant was deprived of his property, which he used for cultivation, due to expropriation for the construction of a road. The domestic courts awarded an amount of compensation that did not correspond to the commercial value of the property. The decision to pay […]

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απαλλοτρίωση

Unawarded special compensation for non-expropriated lands for any degradation due to the creation of a new highway. Non-violation of the ECHR

JUDGMENT Kalotarani and others  v. Greece  20.7.2023 (app. no. 42267/14) see here SUMMARY Expropriation of real estate for the widening of Egnatia Road. In non-expropriated parts of real estate are established businesses. The domestic courts rejected the applicants’ claims for special damages because the properties and the businesses located there were deprived of direct access […]

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Obligation of the owner to allow the installation of a natural gas pipeline on his plot. The compensation he received was adequate and proportionate to his loss

JUDGMENT Miggos v. Greece 01.06.2023 (app. no. 64963/14) see here SUMMARY Obligation of the applicant to allow the installation of a natural gas pipeline on his plot and the entry and exit of DEPA personnel for the repair and maintenance of the pipeline. At the same time, in a specific area on either side of […]

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