Proprietorship

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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απαλλοτρίωση

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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ιδιοκτησία

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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Greek Muslims should apply Sharia if they want it, and not necessarily. Condemnation of Greece from Strasbourg due to the inability of the Muslims to apply the Greek Civil Code

JUDGMENT  Molla Sali v. Greece of the Grand Chamber 19.12.2018 (no.  20452/14) see here SUMMARY  The case concerned the application by the domestic courts of Islamic religious law (Sharia) to an inheritance dispute between Greek nationals belonging to the Muslim minority, contrary to the will of the testator (a Greek belonging to the Muslim minority, […]

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The authorities’ complete and prolonged failure to act following the occupation of a building by housing activists, without any legal title, breached the Convention

JUDGMENT Casa di Cura Valle Fiorita S.r.l. v. Italy 13.12.2018 (no. 67944/13) see here   SUMMARY  The case concerned the applicant company being unable to recover possession of a building in Rome that had been occupied since 2012, without any legal title, by a group of housing activists (movimento lotta per la casa). A final and enforceable judicial […]

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The Court examines private versus public landlord-tenant relationships, dismisses case brought by a private tenant complaining about a possession order

JUDGMENT  F.J.M. v. United Kingdom  29.11.2018 (no.  76202/16) see here   SUMMARY  The case concerned a possession order against a tenant after the landlords, who were also her parents, defaulted on their mortgage payments. The applicant complained under Article 8 (right to respect for private and family life and the home) that the UK courts had […]

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The malfunctioning of state institutions, which prevents the payment of lawful compensation of citizens, violates the right to peaceful enjoyment of their property

JUDGMENT  Arzhiyeva and Tsadayev v. Russia 13.11.2018 (no. 66590/10 and 3773/11) see here   SUMMARY Compensation for property damage to the applicants caused by hostilities in Chechnya. Non-satisfaction of claims for compensation due to a lack of public authority. The Commission did not register the applicants on an official list for compensation. Infringement of the applicants’ right […]

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