I incorrectly predicted that there's no violation of human rights in CRUZ GARCIA v. SPAIN.

Information

  • Judgment date: 2025-08-26
  • Communication date: 2020-01-16
  • Application number(s): 43604/18
  • Country:   ESP
  • Relevant ECHR article(s): 6, 6-1
  • Conclusion:
    Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.623806
  • Prediction: No violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the applicant’s right of access to a court and to judicial remedies within the framework of judicial proceedings concerning the lawfulness of a building permit.
In February 2006 the applicant bought an apartment in Poio (Pontevedra).
In June 2006, the site developer was fined for having built the apartment in a protected area, and was ordered to demolish the constructions.
The site developer initiated court proceedings against this sanction, which terminated in 2009 with a judicial decision confirming the sanction and ordering the demolition of part of the applicant’s apartment, along with other ones.
The applicant was never informed either of the administrative sanction or the court proceedings until 2016, when she was requested, as the registered owner of the apartment, and via coercive fines, to demolish part of the apartment.
The applicant applied unsuccessfully to have the proceedings declared null and void.

Judgment