Proprietorship

απαλλοτρίωση

Retroactive cancellation of property titles that had been classified as forestry resources, without payment of compensation. Disregard for the good faith of the defendants. Violation of property right

JUDGMENT Gavrilova and others v. Russia 16.03.2021 (app. no. 2625/17) see here SUMMARY The case concerned the judicial annulment of the applicants’ title deeds to plots of land which they had purchased under a series of transactions, and the return of those plots to State ownership on the grounds that they were “forestry resources”. The […]

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Expropriation of property. Principle of the single procedure. Violation of the right to respect for property

JUDGMENT Alfa Glass Anonymi Emboriki Etairia Yalopinakon v. Greece 28.01.2021 (app.no. 74515/13) see here SUMMARY Expropriation of property and compensation. Principle of the single procedure. During the expropriation process, the civil courts refused to consider the company’s objection, claiming that it was profitable due to the execution of the works related to the expropriation, as […]

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Cancellation of apartment purchase according to domestic law with simultaneous return of the sale price. The right to property was not violated

JUDGMENT Grozdanić and Gršković-Grozdanić κατά v. Croatia 28.01.202 (app. no. 43326/13) see here SUMMARY Property right, cancellation of purchase with return of the sale price and proportionality of intervention. By court decisions, the purchase and sale of real estate of the applicants who were beneficiaries of housing was annulled. The apartment was initially leased to […]

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Exploitation of intellectual property without payment of compensation violated the right to property

JUDGMENT AsDAC v. Democracy of Moldova 08.12.2020 (app. no. 47384/07)  see here SUMMARY The case concerned the National Bank of Moldova’s use on new coins of artworks created by two members of the applicant association without paying royalties. It raised questions about the association’s victim status and respect for its property rights. The Court began […]

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Protection of vulnerable groups from eviction from the Court! An interesting intervention regarding the protection the home

JUDGMENT
Béla Németh v. Hungary 17.12.2020 (app. no. 73303/14)
The case concerned the applicant’s not being able to take possession of a property he had bought
owing to a legal moratorium on evictions. State bodies had been exempt from the moratorium. He
had had to wait two years before ultimately being able to exercise his ownership rights.
The Court found that the moratorium had had a basis in law, had served a legitimate interest, and, in
particular, had not deprived him of his legitimate expectation regarding ownership of the property,
merely delayed it.
The Court also found that the applicant’s situation had not been comparable to that of State actors
and as such he had suffered no discrimination

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Squatting of a hotel for 3 years for housing refugees. Conviction for violation of property rights and payment of 312,500 euros from Greece!

JUDGMENT
Papachela and Amazon S.A. v. Greece 03.12.20 (app. no. 12929/18)
The case concerned the occupation of a hotel for over three years by migrants and a group acting
out of solidarity with them. The hotel belongs to Ms Papachela and to a limited company, of which
she is the sole shareholder.
The applicants complained that the authorities had remained inactive when asked to evict the
squatters, who had remained in the hotel from April 2016 until July 2019, at which point they left
the premises of their own accord. In the meantime, the applicants had lodged a number of
complaints, which were either adjourned or not examined at all. A decision given by a Justice of the
Peace, ordering the eviction and recovery of possession of the hotel, was never enforced. During
that period Ms Papachela was forced to sell her house to cover the debts incurred as a result of the
squatters’ occupation (taxes, water and electricity bills) in order to avoid criminal proceedings.

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απαλλοτρίωση

Cancellation of cadastral registration against owners who had a legal title after 60 years, disrupted the legal certainty and violated the right to property

JUDGMENT
Muharrem Güneş and others v. Turkey 24.11.2020 (app. no. 23060/08)
Challenge of ownership of real estate by the state after 55 years and cancellation of title deed after 60 years. Good governance, legal certainty and property rights.
The applicants are owners of a property, the title of which had been registered by their predecessor father, in the Land Registry. Their predecessor had been recognized as the owner of the property since 1951, by virtue of a court decision due to uninterrupted peaceful possession. After 55 years, the ownership of the applicants in some parts of the said property was disputed by the State and after the opinion of the cadastral committee, a registration correction was made and the ownership passed to the state. The domestic courts rejected the applicants’ appeals in an irrevocable decision on the ground that those parts constituted a forest area and were considered inadmissible for the establishment of a right in rem by individuals.

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ιδιοκτησία

Cancellation of a public contract and withholding of the guarantee due to pending prosecution of the applicant. Serious negligence of the competent body and violation of the right to property

JUDGMENT
Kurban v. Turkey 24.11.2020 (app. no.  75414/10)
Right to property, public procurement and proportionality between the means and the intended purpose.
The applicant participated in a tender for the execution of a construction project in which his bid prevailed and a public contract was signed. He paid a guarantee of 6% on the value of the contract. The contract was canceled because the State was subsequently informed of the existence of a pending criminal prosecution against the applicant relating to public procurement. The guarantee was withheld by law. He filed a complaint for violation of the presumption of innocence and his right to property.

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ιδιοκτησία

Late imposition of an administrative fine for violation of the customs code and seizure of real estate. Violation of the right to respect for property

JUDGMENT Artashes Antonyan v. Armenia  22.10.2020  (app. no. 24313/10) see here SUMMARY Imposition of an overdue customs fine. Foreclosure and auction of real estate. Right to property. The applicant was fined under the Customs Code for inaccurate invoicing of imported products. The imposition of a fine took place after the expiry of the two-month period […]

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