Стаття 1 Першого протоколу - Захист власності

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Справи, відібрані для оновлення Посібника із судової практики.

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

17.10.24

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

24.09.24

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

21.05.24

Excessive court fees for lodging appeals in forfeiture proceedings.
Judgment


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

02.05.24

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

20.02.24

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

01.02.24

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


Eólica de S. Julião, Lda v. Portugal (dec.), no. 33545/14

16.01.24

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


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

11.01.24

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

07.12.23

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


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

05.12.23

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


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

05.12.23

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


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

28.11.23

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

05.10.23

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

27.06.23

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

11.05.23

​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

04.05.23

​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

07.03.23

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

09.02.23

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


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

31.01.23

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


Valverde Digon v. Spain, no. 22386/19

26.01.23

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

19.01.23

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


Korotyuk v. Ukraine, no. 74663/17

19.01.23

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


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

17.01.23

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


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

17.01.23

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


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

12.01.23

Increased rent following reform of rent-control scheme.
Judgment 


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

15.12.22

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

06.12.22

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

06.12.22

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

06.12.22

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


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

15.11.22

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

10.11.22

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


Nikolay Kostadinov v. Bulgaria, no. 21743/15

08.11.22

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

08.11.22

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


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

11.10.22

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


Korshunova v. Russia, no. 46147/19

06.09.22

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


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

01.09.22

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


Safarov v. Azerbaijan, no. 885/12

01.09.22

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

13.07.22

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

30.06.22

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


Maria Azzopardi v. Malta, no. 22008/20

09.06.22

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

09.06.22

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


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

19.05.22

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


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

28.04.22

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

05.04.22

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


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

24.03.22

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


Wyszyński v. Poland, no. 66/12

24.03.22

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

15.03.22

No excessive amount of costs of proceedings.
Decision


Lidiya Nikitina v. Russia, no. 8051/20

15.03.22

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


Traina Berto and Others v. Italy (dec.), no. 75505/12

08.03.22

Applicability: claim to receive financial aid from an emergency fund following natural disaster.
Decision


Shorazova v. Malta, no. 51853/19

03.03.22

Lengthy freezing of all applicant’s property in Malta at legal assistance request of Kazakh authorities on suspicion of money laundering.
Judgment | Legal Summary


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