- Judgment date: 2021-12-16
- Communication date: 2019-03-11
- Application number(s): 43887/04
- Country: ITA
- Relevant ECHR article(s): P1-1
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings
Article 6-1 - Access to court)
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
- Probability: 0.702612
- Prediction: No violation
Communication text used for prediction
The case concerns the deprivation of the applicant’s land through the application of the constructive‐expropriation rule (“accessione invertita” or “occupazione acquisitiva”) by the domestic courts.
In a judgment delivered in March 2005, further to an action in damages brought by the applicant in 1992, the Benevento District Court ordered the Casalduni Municipality to pay the applicant damages calculated in accordance with Article 5 bis of Law No.
359 of 1992.
The applicant received the payment of a first portion of the sum due to her in 2009 but was unable to obtain the payment of the remaining amount on account of the Municipality’s state of insolvency.