Unlawful revocation of a professional license constitutes a violation of the right to property

JUDGMENT  Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY  Revocation of a license and deprivation of profession.  Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]

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The unauthorized demolition of a building, privately owned by the State authorities and the subsequent compulsory expropriation, without the payment of prior compensation, infringed the right to protect the applicants’ property.

JUDGMENT  Zammit and Vassallo v. Malta  28.05.2019 (no. 43675/16) see here   SUMMARY Illegal demolition of a building. Expropriation. Non-payment of appropriate compensation. Withholding rights to use and expropriation property, and forced expropriation of property. The applicants were deprived of their ownership of a building which was initially unlawfully demolished by the competent authorities and then […]

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The unfavorable treatment regarding the inheritance of a child born out of wedlock in relation to children born in marriage constitutes a prohibitive discrimination and also violates the right to property

JUDGMENT  Quilichini v. France 14.03.2019 (no. 38299/15) see here SUMMARY Child outside marriage and inheritance rights. Discrimination against the applicant as a child born outside marriage in relation to children born in marriage. The inheritance share of each of the children born in marriage was set at 5/12, whereas the applicant, who was born out […]

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The deprivation of property for lack of compensation, violated Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights. State’s obligation to asses any damage.

JUDGMENT Kaynar and others v. Turkey 07.05.2019 (no. 21104/06, 51103/06 and 18809/07) see here SUMMARY Protection of property under Article 1 of Protocol No. 1.  The applicants had deprived the land,   that had purchased,  because it was  classified as a “natural site” and  register in the name of the Treasury, without receiving any compensation,  on […]

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Retroactive application of a law in a trademark protection case violated the Convention

JUDGMENT Kamoy Radyo Televizyon Yayıncılık ve Organizasyon A.Ş. v. Turkey 16-04-2019 (no. 19965/06) see here SUMMARY The case concerned the applicant company’s proceedings to protect a trademark, which led to the domestic courts applying a piece of legislation retroactively and its action being rejected. The Court noted that the Turkish Constitutional Court had subsequently annulled […]

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The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

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Retrospective legislative intervention in a pending case violates the fairness of the case

JUDGMENT Dimopulos v. Turkey  02.04.2019 (no. 37766/05) see here SUMMARY Right to a fair trial. Retroactive legislative intervention against the applicant and registration of her property with the State. The ECtHR concluded that the legislative intervention in question, which definitively fixed retrospectively the dispute between the applicant and the State before the national courts, was […]

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The seizure of assets of relatives and managers of the leading Bank, without any evidence, violated the right to respect their property

JUDGMENT  Uzan and others v. Turkey 07.03.19 (no. 19620/05, 41487/05, 17613/08 and 19316/08) see here  SUMMARY Imposition of seizure measures against the applicants’ property on the ground that their relatives or their superiors were being prosecuted for abuse of public money in a case concerning the activities of Türkiye İmar Bankası. This bank has been […]

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The bureaucratic sufferings of a car owner who, due to the mistake of the authorities, registered his car’s engine number as stolen and the solution of Strasbourg

JUDGMENT  Arutyunov v. Russia 18.12.2018 (no. 5552/06) see here   SUMMARY Right to peaceful enjoyment of property. The applicant had bought a car in 1998 without him having the slightest problem. When he decided to transfer it in 2003, the Russian Ministry of Transport refused to register the transfer because his car was on a […]

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Legal duty of the CEO and shareholder to pay the company’s debts. No violation of the right to property protection

JUDGMENT OF THE GRAND CHAMBER Lekić v. Slovenia  11.12.2018 (no. 36480/07) see here   SUMMARY The case concerned striking a company off a court register and the subsequent liability of its managing director for its debts. The strike off procedure was used against the applicant’s company under new legislation introduced in 1999, which gave courts the […]

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