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• Europäischer Gerichtshof für Menschenrechte

  CZAJKOWSKA AND OTHERS v. POLAND

  Art. 6, Art. 6 Abs. 1, Protokoll Nr. 1 Art. 1 MRK
  Violation of Art. 6-1 Violation of P1-1 (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (2)Neu Zitiert selbst (3)

• EKMR, 08.09.1997 - 30229/96

  J. M.F. ET AUTRES contre le PORTUGAL

  Auszug aus EGMR, 13.07.2010 - 16651/05

  The circumstances of the present case fall within the ambit of the first sentence of the first paragraph of Article 1, which lays down the principle of peaceful enjoyment of property in general terms (see Matos e Silva, Lda., and Others v. Portugal, 16 September 1996, § 81, Reports of Judgments and Decisions 1996-IV, and Almeida Garrett, Mascarenhas Falcão and Others v. Portugal, nos. 29813/96 and 30229/96, § 48, ECHR 2000-I).

  It reiterates that the adequacy of compensation would be diminished if it were to be paid without reference to various circumstances liable to reduce its value, such as unreasonable delay (see Almeida Garrett, Mascarenhas Falcão and Others v. Portugal, nos. 29813/96 and 30229/96, § 54, ECHR 2000-I).

• EGMR, 27.06.2000 - 30979/96

  FRYDLENDER c. FRANCE

  Auszug aus EGMR, 13.07.2010 - 16651/05

  The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).
• EGMR, 20.11.1995 - 17849/91

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

  Auszug aus EGMR, 13.07.2010 - 16651/05

  The Court observes that Article 1 of Protocol No. 1 protects pecuniary assets, such as debts (see Pressos Compania Naviera S.A. and Others v. Belgium, 20 November 1995, § 31, Series A no. 332).

• EGMR - 36163/20 (anhängig)

  OKONIEWSKI AND OTHERS v. POLAND

  Did the entitlement to compensation conferred on owners of nationalised property by sub-section 215 (1) of the Law on Land Administration give rise to "possessions" in favour of the applicants, which were eligible for protection under Article 1 of Protocol No. 1 (see Czajkowska and Others v. Poland, no. 16651/05, § 62, 13 July 2010)? Reference is made to the letter of the Mayor of Warsaw of 5 September 2013 in which it was stated that the applicants' request had not yet been examined "because of lack of financial resources"; to the letter of 17 June 2014 which confirmed that the evidence had been gathered and a decision on the merits could be issued; and to the decision of 4 July 2014 granting compensation for part of the expropriated property.
• EGMR - 18440/23 (anhängig)

  OÜ PAREM KALLAS v. ESTONIA

  Has there been a violation of Article 1 of Protocol No. 1 to the Convention (see Czajkowska and Others v. Poland, no. 16651/05, §§ 60-63, 13 July 2010; Schembri and Others v. Malta, no. 42583/06, §§ 38-42, § 45, 10 November 2009)? In that connection, was the duration of the expropriation and compensation proceedings and the proceedings for damages, taken as a whole, in compliance with the requirements of Article 1 of Protocol No. 1 to the Convention?.