Article 1 of Protocol No. 1 - Protection of property
All Updates
Amerisoc Center S.R.L. v. Luxembourg, no. 50527/20
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
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
Excessive court fees for lodging appeals in forfeiture proceedings.
Judgment
The J. Paul Getty Trust and Others v. Italy, no. 35271/19
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
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
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
Order to dismantle wind turbines due to complaints about noise by nearby residents.
Decision
Wiegandová v. the Czech Republic, no. 51391/19
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
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
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
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
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
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
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
Inability to recover a confiscated sum of money following criminal proceedings against third parties for money laundering.
Judgment | Legal Summary
Alif Ahmadov and Others v. Azerbaijan, no. 22619/14
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
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
Impossibility of pursuing claims against bankrupt debtor due to legislative amendment.
Judgment
Freire Lopes v. Portugal (dec.), no. 58598/21
Non-reimbursement to the applicant of shares sold to him by a subsequently liquidated bank.
Decision | Legal Summary
Valverde Digon v. Spain, no. 22386/19
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
Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary
Korotyuk v. Ukraine, no. 74663/17
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
Obligation to refund the State under the doctrine of “unjust gain”.
Decision
Žegarac and Others v. Serbia (dec.), nos. 54805/15 and 10 others
Temporary reduction in applicants’ State pension as part of austerity measures.
Decision | Legal Summary
Pařízek v. the Czech Republic, no. 76286/14
Increased rent following reform of rent-control scheme.
Judgment
Gherardi Martiri v. San Marino, no. 35511/20
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
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
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
Confiscation as proceeds of crime of property transferred in the applicants' names.
Decision
Arnavutköy Greek Orthodox Taksiarhis Church Foundation v. Türkiye, no. 27269/09
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
Limitations on ground-rent increases and lessor’s property rights.
Judgment | Legal Summary
Nikolay Kostadinov v. Bulgaria, no. 21743/15
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
Restitution mechanism for property confiscated or nationalised by the communist regime.
Judgment | Legal Summary
Beeler v. Switzerland [GC], no. 78630/12
Case-law in the field of social welfare benefits.
Judgment | Legal Summary
Korshunova v. Russia, no. 46147/19
Forced sale of applicant’s flat due to criminal activities of third party.
Judgment
P.C. v. Ireland, no. 26922/19
Applicability: prisoner's disqualification from receiving State pension.
Judgment | Legal Summary
Safarov v. Azerbaijan, no. 885/12
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
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
Refusal to enforce final and binding international arbitration award.
Judgment | Legal Summary
Maria Azzopardi v. Malta, no. 22008/20
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
Different treatment regarding pension entitlements dating from the Soviet period.
Judgment | Legal Summary
Bežanić and Baškarad v. Croatia, nos. 16140/15 and 13322/16
Applicants ordered to pay real estate transfer tax after exemption annulled.
Judgment
Bursać and Others v. Croatia, no. 78836/16
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
Revocation of a company’s television broadcasting licence. Applicability and merits.
Judgment | Legal Summary
Pálka and Others v. the Czech Republic, no. 30262/13
Calculation of expropriation compensation in a system of prices fixed by regulation.
Judgment
Wyszyński v. Poland, no. 66/12
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
No excessive amount of costs of proceedings.
Decision
Lidiya Nikitina v. Russia, no. 8051/20
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
Applicability: claim to receive financial aid from an emergency fund following natural disaster.
Decision
Shorazova v. Malta, no. 51853/19
Lengthy freezing of all applicant’s property in Malta at legal assistance request of Kazakh authorities on suspicion of money laundering.
Judgment | Legal Summary