Proprietorship Archives

The payment if costs incurred by the State are a disproportionate burden on the applicants. Violation of the right to respect for property

1st P - Article 1
29/04/2022 18:40

JUDGMENT Bursać and others v. Croatia 28.04.2022 (app. no. 78836/16) see here SUMMARY The applicants, Bosiljka Bursać, Đuka Damjanović, Nena Damjanović, Danica Dubajić and Milica Vasiljević, are Croatian nationals born between 1940 and 1953 and live in Apatin, Gračac, Srb and Zagreb. In 1995 the applicants’ father was killed by Croatian soldiers during the battle […]

Byer in good faith, bought a public real estate from non-owners. The return of their property to the state without compensation violated their right to property

1st P - Article 1
23/04/2022 13:30

JUDGMENT Olkhovik and others v. Russia (app. no. 11279/17) and Lidiya Nikitina v. Russia 15.03.2022 (app. no. 8051/20) SUMMARY Both cases concerned the annulment, without compensation, of the applicants’ title to apartments which they had purchased, and the return of the apartments to municipal ownership as unclaimed properties. In the case of Olkhovik the Court […]

Demolition of a house located in a protected area. Attempt to misled the Court. Dismissal of the application

1st P - Article 1
07/04/2022 14:07

JUDGMENT Povilonis v. Lithuania 07.04.2022 (app. no. 81624/17) see here SUMMARY The case concerned the unlawful construction of a house in a protected area, amid allegations of bribery and trading in influence. The applicant, who had bought the house in 2014, complained under Article 1 of Protocol No. 1 (protection of property) to the European […]

Revocation of a television station license in order to protect pluralism. Freedom of expression and the right to property were not violated

1st P - Article 1
05/04/2022 19:19

JUDGMENT NIT S.R.L.v. the Republic of Moldova 05.04.2022 (app. no. 28470/12) see here SUMMARY The case concerned the applicant company’s allegation that its television channel was shut down for being overly critical of the Government and, in particular, whether domestic law could impose an obligation of neutrality and impartiality in the news bulletins of television […]

The confiscation of goods for 1.5 years after the acquittal violated the right to respect for property

1st P - Article 1
27/03/2022 19:20

JUDGMENT FU QUAN, s.r.o. v. the Czech Republic (application no. 24827/14) 17.03.2022 see here SUMMARY Confiscation of goods. Continuation of confiscation even after the acquittal. Right to respect for property. The managing director as the legal representative of the applicant company was referred for tax evasion. The prosecutor ordered the confiscation of the company’s property […]

Property confiscation of a businessman and former politician resulting from criminal acts. Non-violation of the ECHR

1st P - Article 1
17/03/2022 21:13

JUDGMENT Voiculescu v. Romania (app. no. 493/15) and Camelia Rodica Voiculescu v. Romania and 3 other applications (app. no. 502/15) 17.03.2022 SUMMARY The plaintiff in the first case, Dan Voiculescu, is a Romanian national. The applicants in the second case are two Romanian nationals and two Romanian companies. The first applicant is the father of […]

Freezing of assets in Malta following request by the Kazakh authorities. Disproportionate intervention and violation of respect for property!

1st P - Article 1
08/03/2022 19:46

JUDGMENT Shorazova v. Malta 03.03.2022 (app. no. 51853/19) see here SUMMARY The applicant, Ms Shorazova was born in Kazakhstan and at the relevant time was married to Rakhat Aliyev, who had previously been married to the daughter of the then president of Kazakhstan, Nursultan Nazarbayev and later became his political adversary. The case concerned the […]

Seizure of shares of a public limited company for offenses committed by the CEO without sufficient justification. Property violation

1st P - Article 1
05/03/2022 12:53

JUDGMENT Sebeleva and others v. Russia 01.03.2022 (app. no. 42416/18) see here SUMMARY Confiscation to shareholders of the shares of a public limited company for offenses of the managing director. Property right and proportionality of intervention. The applicants bought shares in a public limited company. The CEO of the company was then accused of distinguished […]

The recognition by the court of a decision of the General Assembly as illegal consists of a genuine examination of the merits of the case despite its non-cancellation. No violation of the right to access to court

1st P - Article 1
26/02/2022 16:12

JUDGMENT Fischer v. Czech Republic 24.02.2022 (app. no. 24314/13) see here SUMMARY Access to court. Actual examination of the merits and preliminary settlement of a dispute regarding the illegal decision to increase the share capital of the company, despite the rejection, for reasons of legal certainty, of the application for annulment of the settlement. Possibility […]

Failure to enforce court decisions violated the fair trial! The ECtHR awarded the amounts of court decisions that were not executed! Rejection of applications with inaccurate information

1st P - Article 1
25/02/2022 10:33

JUDGMENT Mastilović and others v. Montenegro 24.02.2022 (app. no. 28754/10) see here SUMMARY Access to court. Non-enforcement of irrevocable court decisions and court compromises. Ratione personae. Inability of the ECtHR to identify some of the applicants. Fair trial. Group application to the ECtHR for violation of a fair trial and the right to property. The […]

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