Rechtsprechung
| EGMR, 06.04.2023 - 54592/07, 22915/09, 43955/09, 43275/12 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
FERRARA AND OTHERS v. ITALY
Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions) (englisch)
Sonstiges
- Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)
FERRARA v. ITALY
Art. 6, Art. 6 Abs. 1, Protokoll Nr. 1 Art. 1 MRK
[ENG]
Wird zitiert von ... (0) Zitiert selbst (8)
- EGMR - 22915/09 (anhängig)
BRESCIANO AND OTHERS v. ITALY
Auszug aus EGMR, 06.04.2023 - 54592/07
22915/09, 43955/09 and 43275/12, the national courts awarded a sum as compensation for the unavailability of the land during the period of lawful occupation (indennità di occupazione).The Court takes note of the information regarding the death of the applicant Nicolò Bresciano (application no. 22915/09) and the wish of his heir, Giovanna Bresciano, to continue the proceedings in his stead, as well as of the absence of any objection to that wish on the Government's part.
With regard to application no. 22915/09, the Government argued that the applicants should have requested the restitution of the land at the national level.
22915/09, 43955/09 and 43275/12, the Government claimed that national proceedings were still pending at the time the applications were lodged.
22915/09 and 43275/12, the proceedings that were still ongoing concerned the enforcement of domestic decisions and were thus unrelated to the violations complained of in the present applications.
22915/09 and 43955/09, the Court notes that two different expert reports were ordered during the course of the domestic proceedings.
Additionally, with regard to application no. 22915/09, the Court notes that the applicants had obtained payment of the full market value of the land on the basis of the first-instance judgment, which was subsequently quashed by the Court of Appeal.
22915/09 Bresciano and Others v. Italy 28/04/2009.
- EGMR - 43955/09 (anhängig)
GRANA v. ITALY
Auszug aus EGMR, 06.04.2023 - 54592/07
22915/09, 43955/09 and 43275/12, the national courts awarded a sum as compensation for the unavailability of the land during the period of lawful occupation (indennità di occupazione).22915/09, 43955/09 and 43275/12, the Government claimed that national proceedings were still pending at the time the applications were lodged.
As to application no. 43955/09, the Government have not submitted any evidence of pending proceedings.
22915/09 and 43955/09, the Court notes that two different expert reports were ordered during the course of the domestic proceedings.
43955/09 Grana v. Italy 31/07/2009.
- EGMR - 43275/12 (anhängig)
CONTARINO v. ITALY
Auszug aus EGMR, 06.04.2023 - 54592/07
22915/09, 43955/09 and 43275/12, the national courts awarded a sum as compensation for the unavailability of the land during the period of lawful occupation (indennità di occupazione).22915/09, 43955/09 and 43275/12, the Government claimed that national proceedings were still pending at the time the applications were lodged.
22915/09 and 43275/12, the proceedings that were still ongoing concerned the enforcement of domestic decisions and were thus unrelated to the violations complained of in the present applications.
Additionally, with regard to application no. 43275/12, the Government contended that the applicant had declared that he had received all payments due and had waived any further claims.
43275/12 Contarino v. Italy 04/07/2012.
- RG, 18.05.1905 - 20/05
Ist fahrlässige Übertretung der Vorschrift des § 368 Nr. 10 St.G.B.'s strafbar?
Auszug aus EGMR, 06.04.2023 - 54592/07
Urgent occupation order: 20/05/1985.National decisions: Catania District Court, 12/01/2000, declaring the occupation unlawful since 20/05/1994 and awarding damages based on Law no. 662/1996; Catania Court of Appeal, 26/11/2009, upholding previous decision; Court of Cassation, 15/02/2012, upholding previous decision.
ITL 1, 282,255,000 plus inflation adjustment and statutory interest since 20/05/1994 as damages and ITL 657, 466,800 as occupation compensation.
- KAG Mainz, 26.06.2012 - M 21/11
Eingruppierung; Zustimmungsersetzung
Auszug aus EGMR, 06.04.2023 - 54592/07
Urgent occupation order: 21/11/1987.ITL 106, 943,980 plus inflation adjustment and statutory interest from 21/11/1987.
- EGMR, 17.07.2014 - 47848/08
CENTER OF LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA
Auszug aus EGMR, 06.04.2023 - 54592/07
As to the complaint raised under Article 6 § 1 of the Convention (see paragraph 10 above), having regard to the facts of the case, the submissions of the parties and its findings above, the Court considers that it has dealt with the main legal questions raised by the case and that there is no need to examine the remaining complaint (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014). - EGMR, 19.11.2015 - 17694/10
MAIO ET AUTRES c. ITALIE
Auszug aus EGMR, 06.04.2023 - 54592/07
National decisions: Catania District Court, 12/01/2000, declaring the occupation unlawful since 20/05/1994 and awarding damages based on Law no. 662/1996; Catania Court of Appeal, 26/11/2009, upholding previous decision; Court of Cassation, 15/02/2012, upholding previous decision. - EGMR, 03.06.2008 - 15/02
DURUK ET YÜCEDAG c. TURQUIE
Auszug aus EGMR, 06.04.2023 - 54592/07
National decisions: Catania District Court, 12/01/2000, declaring the occupation unlawful since 20/05/1994 and awarding damages based on Law no. 662/1996; Catania Court of Appeal, 26/11/2009, upholding previous decision; Court of Cassation, 15/02/2012, upholding previous decision.
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