Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  FEDORENKO v. UKRAINE

  Art. 29, Art. 29 Abs. 3, Art. 41, Protokoll Nr. 1 Art. 1, Protokoll Nr. 1 Art. 1 Abs. 1 MRK
  Violation of P1-1 Pecuniary damage - financial award Non-pecuniary damage - financial award Costs and expenses partial award - domestic proceedings (englisch)

Wird zitiert von ...Neu Zitiert selbst (6)

• EGMR, 13.06.1994 - 10588/83

  BARBERÀ, MESSEGUÉ AND JABARDO v. SPAIN (ARTICLE 50)

  Auszug aus EGMR, 01.06.2006 - 25921/02

  The Court's case-law establishes that there must be a clear causal link between the damage claimed by the applicant and the violation of the Convention (amongst other authorities, Barberà, Messegué and Jabardo v. Spain (former Article 50), judgment of 13 June 1994, Series A no. 285-C, pp.
• EGMR, 24.10.1986 - 9118/80

  AGOSI c. ROYAUME-UNI

  Auszug aus EGMR, 01.06.2006 - 25921/02

  Furthermore, as in other areas of social, financial or economic policy, national authorities enjoy a certain margin of appreciation in the implementation of laws regulating property and contractual relationships (see, mutatis mutandis, AGOSI v. the United Kingdom, judgment of 24 October 1986, Series A no. 108, § 52).
• EGMR, 18.02.1999 - 26083/94

  WAITE AND KENNEDY v. GERMANY

  Auszug aus EGMR, 01.06.2006 - 25921/02

  It is primarily for the national authorities, notably the courts, to resolve problems of the interpretation of domestic legislation (Waite and Kennedy v. Germany [GC], no. 26083/94, § 54, ECHR 1999-I).

 
• EGMR, 21.02.1990 - 11855/85

  H?KANSSON AND STURESSON v. SWEDEN

  Auszug aus EGMR, 01.06.2006 - 25921/02

  The Court recalls that its jurisdiction to verify compliance with the domestic law is limited (Håkansson and Sturesson v. Sweden, judgment of 21 February 1990, Series A no. 171-A, p. 16, § 47) and that it is not its task to take the place of the domestic courts.
• EGMR, 20.11.1995 - 17849/91

  PRESSOS COMPANIA NAVIERA S.A. ET AUTRES c. BELGIQUE

  Auszug aus EGMR, 01.06.2006 - 25921/02

  The Court recalls that, according to the established case-law of the Convention organs, "possessions" can be "existing possessions" or assets, including claims, in respect of which the applicant can argue that he has at least a "legitimate expectation" of obtaining effective enjoyment of a property right (cf., Pressos Companía Naviera S.A. v. Belgium judgment of 20 November 1995, Series A no. 332, p. 21, § 31).
• EGMR, 25.09.2019 - 48553/99

  SOVTRANSAVTO HOLDING CONTRE L'UKRAINE

  Auszug aus EGMR, 01.06.2006 - 25921/02

  Neither party had been aware that there was any legal obstacle to this clause forming part of the applicant's consideration in agreeing to the contract, all the more so since the fixing of contract prices in stable, hard currencies was at the material time a widely used practice in commercial transactions in Ukraine (mutatis mutandis, Sovtransavto Holding v. Ukraine, no. 48553/99, §§ 104-107, ECHR 2002-VII).

• EGMR, 24.11.2020 - 75414/10

  KURBAN v. TURKEY

  Where the proprietary interest takes the form of a claim, the Court has taken the view that it may be regarded as an "asset" only where it has a sufficient basis in domestic law (see Chorbov v. Bulgaria, no. 39942/13, § 35, 25 January 2018 with further references), or where the applicants had "a claim which was sufficiently established to be enforceable" (see Gratzinger and Gratzingerova v. the Czech Republic (dec.), no. 39794/98, § 74, ECHR 2002-VII) or where the persons concerned were entitled to rely on the fact that a specific legal act would not be retrospectively invalidated to their detriment (see Kopecký, cited above, § 47, and Noreikiene and Noreika v. Lithuania, no. 17285/08, § 36, 24 November 2015) and where such legal acts could consist of a contract, for example (see Stretch v. the United Kingdom, no. 44277/98, § 35, 24 June 2003, and Fedorenko v. Ukraine, no. 25921/02, §§ 23-24, 1 June 2006).

  In Fedorenko v. Ukraine (no. 25921/02, § 25, 1 June 2006), the context of the case was that the applicant had contracted to sell his house to the State, and the dispute concerned a clause regarding the determination of the price, which thus had a direct impact on the value of the applicant's existing property in the context of its sale.