Proprietorship Archives

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.

1st P - Article 1
26/08/2019 15:45

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 […]

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

1st P - Article 1
22/08/2019 09:35

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 […]

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.

1st P - Article 1
07/08/2019 16:36

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 […]

The confiscation of all the undeclared cash of a passenger who failed to declare it violated property right.

1st P - Article 1
06/08/2019 16:16

JUDGMENT Sadocha v. Ukraine 11.07.2019 (no. 77508/11) see here SUMMARY Confiscation of the entire amount of foreign exchange, which came from a lawful cause, of the applicant-traveler from the customs office as a penalty for non-declaration of the cash. The applicant, a Czech national, traveled from Ukraine to Poland and during the luggage check 31,000 […]

The unexecuted administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner

1st P - Article 1
28/07/2019 13:05

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019 see here SUMMARY Failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk if it were […]

The non enforcement of an administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner.

1st P - Article 1
22/07/2019 16:22

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019 see here SUMMARY The case concerned the failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk […]

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

1st P - Article 1
16/06/2019 16:04

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 […]

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.

1st P - Article 1
04/06/2019 11:29

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 […]

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

1st P - Article 1
11/05/2019 17:36

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 […]

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.

1st P - Article 1
10/05/2019 18:43

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 […]

Proprietorship