Proprietorship Archives

Confiscation of money and the applicant’s inability to recover it, following criminal prosecution against third parties for “money laundering”. Non-violation of the right to property

1st P - Article 1
26/05/2023 18:28

JUDGMENT Zaghini v. San Marino 11.05.2023 (app. no. 3405/21) see here SUMMARY In 2003, criminal proceedings were initiated in Italy against the applicant in relation to tax evasion and illegal gains at the expense of the State. A request for judicial assistance was submitted by judicial letters from the Italian prosecution authorities, which was accepted […]

Award of compensation of over €1.5 million to former royal-family members for unfair moratorium on use of forestland

1st P - Article 1
02/05/2023 19:09

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 02.05.2023 (app. no. 38948/10) see here SUMMARY The case concerned, in particular, a moratorium on the transfer and on the commercial exploitation of former Crown property imposed in 2009. It had been brought by the former King of Bulgaria, Simeon II, and his sister, a former princess. In its […]

Inefficiency and non-implementation of the mechanism for the restoration of properties that had been nationalized and confiscated. Infringement of property right

1st P - Article 1
17/11/2022 08:24

JUDGMENT Văleanu and others v. Romania 08.11.2022 (app. no. 59012/17 and 29 others) see here SUMMARY The case concerned restitution of property, which had been nationalised by the communist regime, under the new Law no. 165/2013. The Court found in particular that even though it had validated the law in question in its Preda and […]

Limitations on ground-rent increases did not violate lessor’s property rights

1st P - Article 1
15/11/2022 12:15

JUDGMENT The Karibu Foundation v. Norway 10.11.2022 (app. no. 2317/20) see here SUMMARY The case concerned the authorities’ limiting of ground rents, in accordance with legislation that had been introduced to deal with previous violations of the Convention, on property in Oslo owned by The Karibu Foundation. The Court found in particular that the application […]

Seizure of company property without the existence of any legal procedures. Violation of the right to respect for property

1st P - Article 1
31/10/2022 07:13

JUDGMENT Theo National Construct S.R.L. v. Democracy of Moldova 11.10.2022 (app. no. 72783/11) see here SUMMARY The case concerned the hostile takeover (“raider attack”) and alleged seizure of possessions of a road construction company in which the applicant company had a 50 percent share, by another of its partner companies, controlled by a Moldovan businessman […]

Seizure of money found at the defendant’s residence belonging to his wife. Violation of respect for property

1st P - Article 1
04/10/2022 06:39

JUDGMENT Malygina v. Russia 20.09.2022 (app. no. 29962/18) see here SUMMARY Seizure of the applicant’s money to pay her husband’s fine. Right to the peaceful enjoyment of property. The applicant’s husband was sentenced to imprisonment and a fine. Their residence was searched and the amount of money found (15,500,000 rubles) was confiscated in order to […]

Demolition of a house despite the existence of a decision of interim measures which ordered a suspension of the demolition! Violation of the due process

1st P - Article 1
26/09/2022 07:02

JUDGMENT Mehmet Taner Şentürk v. Turkey 20.09.2022 (app. no. 51470/15) see here SUMMARY The appellant had erected an arbitrary building on public property. A demolition order was issued. With a decision on interim measures, the execution of the decision was ordered to be suspended, but the competent bodies of the municipality proceeded with the demolition […]

Failure of authorities to safeguard seized property in criminal proceedings. The castle was delivered in ruins! Violation of the right to property

1st P - Article 1
18/07/2022 09:04

JUDGMENT SCI Le Chateau du Francport v. France 07.07.2022 (app. no. 3269/18) see here SUMMARY The case concerned a château belonging to the applicant company (SCI Le Château du Francport), which had been seized as part of a judicial investigation into suspected offences before being returned to the applicant four years later in a state […]

The refusal to allow a woman to receive income from a charitable foundation, on the basis of an Ottoman-era legal document.Conviction for gender discrimination and respect to property

1st P - Article 1
09/07/2022 15:47

JUDGMENT Dimici Vv. Turkey 05.07.2022 ( app. no. 70133/16) see here SUMMARY The case concerned the conditions regulating the allocation of surplus income by the Örfioğlu Foundation (created in Diyarbakır in 1536, during the Ottoman period), which introduced a difference in treatment based on the sex of the entitled persons. Pursuant to the Foundation’s constituent […]

The retroactive cancellation of a first home purchase tax exemption due to the buyers moving to another home did not violate their property rights

1st P - Article 1
25/05/2022 09:43

JUDGMENT Bežanić and Baškarad v. Croatia 19.05.2022 (app. no. 16140/15 and 13322/16) see here SUMMARY The applicants bought their first home and benefited from the tax exemption. The applicants moved to other houses 2 years after the purchase. After an audit carried out by the competent authorities, the tax exemption was canceled and the corresponding […]

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