Article 1 of Protocol No. 1 - Protection of property
All Updates
Cases selected for updating the Case-Law Guide.
Bilyavska v. Ukraine, no. 84568/17
Dismissal of the applicant’s eviction action against her adult children and their families, whose behaviour had made it impossible for her to live in a house she owned.
Judgment
Ioannides v. Cyprus, no. 32879/18
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
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
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