Reduced compensation for illegal property auctions is incompatible with property protection
JUDGMENT
Šidlauskas v. Lithuania 11-07-2017 (no. 51755/10)
SUMMARY
Property auction for public utility bill amounting to less than 1000 euros. The national courts ruled in favor of the applicant for an illegal auction and awarded him about 3000 euros, the value of his property at the time of the auction. The applicant appealed to the Court. The European Court of Human Rights ruled that his right to property was violated and that the compensation of the national courts was inadequate and awarded the applicant four time the compensation the national courts awarded him.
PROVISION
Article 1 of the First Additional Protocol
PRINCIPAL FACTS
The applicant, Antanas Šidlauskas, is a Lithuanian national who was born in 1945 and lives in Jonava (Lithuania). The case concerned his complaint that he had been unlawfully deprived of his home.
In November 2004 Mr Šidlauskas’ apartment was sold at auction for 3,390 Lithuanian litai (LTL) (approximately 982 euros), by a bailiff who was seeking recovery of Mr Šidlauskas’ unpaid utility bills (amounting to LTL 2,861 Lithuanian litai). In November 2007 Mr Šidlauskas brought an action against the bailiff and its insurer. He claimed that the sale had been unlawful, given that enforcement of unpaid debts against homes was not permitted for debts of under LTL 3,000. He claimed LTL 51,000 in damages, corresponding to the market value of the apartment at the time he submitted his claim. The Supreme Court ultimately ruled in his favour, but only awarded damages of LTL 12,100, corresponding to the property’s market value at the time of sale rather than the time Mr Šidlauskas had submitted his claim.
Relying in particular on Article 1 of Protocol No. 1 (protection of property), Mr Šidlauskas complained that he had been unlawfully deprived of his apartment, and that the damages awarded to him had been insufficient for him to acquire a comparable property.
THE DECISION OF THE COURT
Violation of Article 1 of Protocol No. 1
Just satisfaction: EUR 11,580 (pecuniary damage), EUR 6,500 (non-pecuniary damage), and EUR 690 for costs and expenses (echrcaselaw.com editing).
