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Article 1 of Protocol No. 1 - Protection of property

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Cases selected for updating the Case-Law Guide.

Ioannides v. Cyprus, no. 32879/18

16.01.2025

Lack of access to property located in the buffer zone and occupation of the applicant’s house by the UN Peacekeeping Force, based on the respondent State’s authorisation, and the latter’s refusal to pay her any rent in that respect.
Judgment


UAB Profarma and UAB Bona Diagnosis v. Lithuania, nos. 46264/22 and 50184/22

07.01.2025

Annulment of contracts between private companies and the State for the purchase of COVID-19 tests, and restitution by the companies of a substantial part of the sum received, which the State had overpaid.
Judgment | Legal Summary


Amerisoc Center S.R.L. v. Luxembourg, no. 50527/20

17.10.2024

Lack of remedy by which to meaningfully challenge seizure of the applicant company’s Luxembourg bank assets following an international request for assistance by Peru as part of money-laundering proceedings.
Judgment | Legal Summary


Immoreks Makedonija Doo Skopje v. North Macedonia (dec.), no. 25311/17

24.09.2024

Incompatibility ratione materiae (for lack of “legitimate expectation”) of complaint about domestic tax authorities’ refusal to deduct input Value-Added Tax previously paid by the applicant company to its suppliers.
Decision


Mandev and Others v. Bulgaria, nos. 57002/11 and 4 others

21.05.2024

Excessive court fees for lodging appeals in forfeiture proceedings.
Judgment


The J. Paul Getty Trust and Others v. Italy, no. 35271/19

02.05.2024

Confiscation order issued by Italian authorities aimed at recovering from the Getty Museum in the US a bronze statue from the classical Greek period.
Judgment | Legal Summary


Kotoviča and Others v. Latvia (dec.), nos. 37536/16 and 2 others

20.02.2024

Privatisation of an artist’s workshop in an apartment building.
Decision


Salento Energy S.r.l. and Nuovo Sole S.r.l. v. Italy (dec.), nos. 20445/15 and 59246/17

01.02.2024

Reduction of feed-in tariffs for solar photovoltaic installations awarded to the applicant companies.
Decision


Eólica de S. Julião, Lda împotriva Portugaliei (dec.), nr. 33545/14

16.01.2024

Order to dismantle wind turbines due to complaints about noise by nearby residents.
Decision


Wiegandová v. the Czech Republic, no. 51391/19

11.01.2024

Encumbering of a flat owned by the applicant by virtue of an ex lege unpaid easement created by the property restitution legislation in favour of a housing cooperative.
Judgment | Legal Summary


Waldner v. France, no. 26604/16

07.12.2023

Application to a lawyer of an increase in his taxable income on the grounds that he was not a member of a management association approved by the tax administration.
Judgment


BCR Banca pentru locuințe S.A. v. Romania (dec.), no. 4558/20

05.12.2023

Measures imposed on building society that ran a system of savings and loans for housing-related activities ordering it to return unlawfully claimed, managed and released State bonuses destined for its customers and to pay penalties.
Decision


Brazauskienė v. Lithuania (dec.), no. 71200/17

05.12.2023

Refusal to grant State annuity allowance and continued free use of State housing to a former President’s widow.
Decision


Associations of Communally-owned Forestry Proprietors 'Porceni Plesa' and 'Piciorul Batran Banciu' v. Romania, nos. 46201/16 and 47379/18

28.11.2023

Lack of compensation for forest owners in relation to their inability to exploit their forests classified as protected natural areas, despite a right recognised by law.
Judgment


Ruciński v. Poland, no. 22716/12

05.10.2023

Restrictions on personal and business property for a period of three years in the context of protracted tax proceedings.
Judgment


S.C. Zorina International S.R.L. v. Romania, no. 15553/15

27.06.2023

Sanctions imposed by the tax authority on the applicant company for failing to issue receipts for merchandise sold.
Judgment


Zaghini v. San Marino, no. 3405/21

11.05.2023

​Inability to recover a confiscated sum of money following criminal proceedings against third parties for money laundering.
JudgmentLegal Summary


Alif Ahmadov and Others v. Azerbaijan, no. 22619/14

04.05.2023

​Order for the eviction of a family from their home and for its demolition on the ground that it was an unauthorised construction built on State-owned land. Applicability.
Judgment


Petrescu and Others v. Romania (dec.), nos. 31390/18 and 9 others

07.03.2023

Insufficient basis in domestic case-law to consider the applicants' claims as a "possession". Applicability.
Decision


Katona and Závarský v. Slovakia, nos. 43932/19 and 43995/19

09.02.2023

Impossibility of pursuing claims against bankrupt debtor due to legislative amendment.
Judgment 


Freire Lopes v. Portugal (dec.), no. 58598/21

31.01.2023

Non-reimbursement to the applicant of shares sold to him by a subsequently liquidated bank.
DecisionLegal Summary


Valverde Digon v. Spain, no. 22386/19

26.01.2023

Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary


Domenech Aradilla and Rodríguez González v. Spain, nos. 32667/19 and 30807/20

19.01.2023

​Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary


Korotyuk v. Ukraine, no. 74663/17

19.01.2023

Deficiencies of criminal investigation into breach of copyright on Internet.
Judgment | Legal Summary


Sak and Giebułtowicz v. Poland (dec.), nos. 39942/18 and 41347/18

17.01.2023

Obligation to refund the State under the doctrine of “unjust gain”.
Decision


Žegarac and Others v. Serbia (dec.), nos. 54805/15 and 10 others

17.01.2023

Temporary reduction in applicants’ State pension  as part of austerity measures.
Decision | Legal Summary


Pařízek v. the Czech Republic, no. 76286/14

12.01.2023

Increased rent following reform of rent-control scheme.
Judgment 


Gherardi Martiri v. San Marino, no. 35511/20

15.12.2022

Criminal and civil remedies at applicant’s disposal for the protection of her property rights in relation to organised fraud suffered at the hands of a bank and third persons.
Judgment | Legal Summary


Pannon Plakát Kft and Others v. Hungary, no. 39859/14

06.12.2022

Statutory ban on roadside advertising hoardings outside built-up areas extinguishing substantial part of applicant companies’ businesses. Applicability and merits.
Judgment | Legal Summary


Spasov v. Romania, no. 27122/14

06.12.2022

Value confiscation and temporary ban on fishing in the exclusive economic zone, linked to a conviction in breach of EU law. Applicability and merits. 
Judgment | Legal Summary


Yusifli and Others v. Azerbaijan (dec.), nos. 21274/08 and 6 others

06.12.2022

​Confiscation as proceeds of crime of property transferred in the applicants' names.
Decision


Arnavutköy Greek Orthodox Taksiarhis Church Foundation v. Türkiye, no. 27269/09

15.11.2022

Non-recognition of ownership and procedural obligations on the part of the domestic courts. Applicability and merits.
Judgment


The Karibu Foundation v. Norway, no. 2317/20

10.11.2022

Limitations on ground-rent increases and lessor’s property rights. 
Judgment Legal Summary


Nikolay Kostadinov v. Bulgaria, no. 21743/15

08.11.2022

Protection of shareholder from fraudulent takeover of his company, its shares and assets, by a private party.
Judgment


Văleanu and Others v. Romania, nos. 59012/17 and 29 others

08.11.2022

Restitution mechanism for property confiscated or nationalised by the communist regime. 
Judgment Legal Summary


Beeler v. Switzerland [GC], no. 78630/12

11.10.2022

Case-law in the field of social welfare benefits.
Judgment | Legal Summary


Korshunova v. Russia, no. 46147/19

06.09.2022

Forced sale of applicant’s flat due to criminal activities of third party.
Judgment


P.C. v. Ireland, no. 26922/19

01.09.2022

Applicability: prisoner's disqualification from receiving State pension.
Judgment | Legal Summary


Safarov v. Azerbaijan, no. 885/12

01.09.2022

Reproduction of applicant’s book in online publication without his consent.
Judgment | Legal Summary


Advisory opinion on the difference in treatment between landowners’ associations “having a recognised existence on the date of the creation of an approved municipal hunters’ association” and landowners’ associations set up after that date [GC], no. P16-2021-002

13.07.2022

Difference in treatment between landowners' associations in the context of hunting rights on private land. 
Advisory Opinion | Legal Summary 


BTS Holding, a.s. v. Slovakia, no. 55617/17

30.06.2022

Refusal to enforce final and binding international arbitration award. 
Judgment | Legal Summary


Maria Azzopardi v. Malta, no. 22008/20

09.06.2022

Expropriation of land, designated as agricultural for compensation purposes, transformed into a residential area, pursuing the public interest of State’s planning policy.
Judgment


Savickis and Others v. Latvia [GC], no. 49270/11

09.06.2022

Different treatment regarding pension entitlements dating from the Soviet period.
Judgment | Legal Summary


Bežanić and Baškarad v. Croatia, nos. 16140/15 and 13322/16

19.05.2022

Applicants ordered to pay real estate transfer tax after exemption annulled.
Judgment


Bursać and Others v. Croatia, no. 78836/16

28.04.2022

Applicants ordered pay full costs of the State’s representation in civil proceedings for damages brought in connection with their father’s killing, a suspected war crime victim.
Judgment


NIT S.R.L. v. the Republic of Moldova [GC], no. 28470/12

05.04.2022

Revocation of a company’s television broadcasting licence. Applicability and merits.
Judgment | Legal Summary


Pálka and Others v. the Czech Republic, no. 30262/13

24.03.2022

Calculation of expropriation compensation in a system of prices fixed by regulation.
Judgment


Wyszyński v. Poland, no. 66/12

24.03.2022

Domestic courts' imposition of requirements very difficult to fulfil for the complainant in compensation proceedings.
Judgment


Derbuc and Others v. Croatia (dec.), nos. 53977/14 and 41902/15

15.03.2022

No excessive amount of costs of proceedings.
Decision


Lidiya Nikitina v. Russia, no. 8051/20

15.03.2022

Bona fide purchasers in good faith of dwellings returned to the State without compensation.
Judgment | Legal Summary


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