Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  OSTAPENKO v. UKRAINE

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

Wird zitiert von ... (0)Neu Zitiert selbst (6)

• EGMR, 23.11.1983 - 8919/80

  VAN DER MUSSELE c. BELGIQUE

  Auszug aus EGMR, 14.06.2007 - 17341/02

  In this connection, the Court points out that the Convention institutions have consistently held that "possessions" within the meaning of Article 1 of Protocol No. 1 can be either "existing possessions" (see Van der Mussele v. Belgium, 23 November 1983, Series A no. 70, p. 23, § 48) or assets, including claims, in respect of which an applicant can argue that he has at least a "legitimate expectation" that they will be realised (see, for example, Pressos Compania Naviera S.A. and Others v. Belgium, judgment of 20 November 1995, Series A no. 332, p. 21, § 31, and Ouzounis and Others v. Greece, no. 49144/99, 18 April 2002, § 24).
• EGMR, 09.12.1994 - 13427/87

  RAFFINERIES GRECQUES STRAN ET STRATIS ANDREADIS c. GRÈCE

  Auszug aus EGMR, 14.06.2007 - 17341/02

  The Court outlines that pecuniary assets, such as debts, by virtue of which the applicant can claim to have at least a "legitimate expectation" of obtaining effective enjoyment of a particular pecuniary asset (see Pine Valley Developments Ltd and Others v. Ireland, judgment of 29 November 1991, Series A no. 222, p. 23, § 51; Pressos Compania Naviera S.A. and Others, cited above, and, mutatis mutandis, S.A. Dangeville v. France, no. 36677/97, §§ 44-48, ECHR 2002-III) may also fall within the notion of "possessions" contained in Article 1 of Protocol No. 1. In particular, the Court has consistently held that a "claim" can constitute a "possession" within the meaning of Article 1 of Protocol No. 1 if it is sufficiently established to be enforceable (see Burdov v. Russia, no. 59498/00, 7 May 2002, § 40, and Stran Greek Refineries and Stratis Andreadis v. Greece, judgment of 9 December 1994, Series A no. 301-B, p. 84, § 59).
• EGMR, 07.05.2002 - 59498/00

  BURDOV v. RUSSIA

  Auszug aus EGMR, 14.06.2007 - 17341/02

  The Court outlines that pecuniary assets, such as debts, by virtue of which the applicant can claim to have at least a "legitimate expectation" of obtaining effective enjoyment of a particular pecuniary asset (see Pine Valley Developments Ltd and Others v. Ireland, judgment of 29 November 1991, Series A no. 222, p. 23, § 51; Pressos Compania Naviera S.A. and Others, cited above, and, mutatis mutandis, S.A. Dangeville v. France, no. 36677/97, §§ 44-48, ECHR 2002-III) may also fall within the notion of "possessions" contained in Article 1 of Protocol No. 1. In particular, the Court has consistently held that a "claim" can constitute a "possession" within the meaning of Article 1 of Protocol No. 1 if it is sufficiently established to be enforceable (see Burdov v. Russia, no. 59498/00, 7 May 2002, § 40, and Stran Greek Refineries and Stratis Andreadis v. Greece, judgment of 9 December 1994, Series A no. 301-B, p. 84, § 59).

 
• EGMR, 29.11.1991 - 12742/87

  PINE VALLEY DEVELOPMENTS LTD ET AUTRES c. IRLANDE

  Auszug aus EGMR, 14.06.2007 - 17341/02

  The Court outlines that pecuniary assets, such as debts, by virtue of which the applicant can claim to have at least a "legitimate expectation" of obtaining effective enjoyment of a particular pecuniary asset (see Pine Valley Developments Ltd and Others v. Ireland, judgment of 29 November 1991, Series A no. 222, p. 23, § 51; Pressos Compania Naviera S.A. and Others, cited above, and, mutatis mutandis, S.A. Dangeville v. France, no. 36677/97, §§ 44-48, ECHR 2002-III) may also fall within the notion of "possessions" contained in Article 1 of Protocol No. 1. In particular, the Court has consistently held that a "claim" can constitute a "possession" within the meaning of Article 1 of Protocol No. 1 if it is sufficiently established to be enforceable (see Burdov v. Russia, no. 59498/00, 7 May 2002, § 40, and Stran Greek Refineries and Stratis Andreadis v. Greece, judgment of 9 December 1994, Series A no. 301-B, p. 84, § 59).
• EGMR, 16.04.2002 - 36677/97

  S.A. DANGEVILLE c. FRANCE

  Auszug aus EGMR, 14.06.2007 - 17341/02

  The Court outlines that pecuniary assets, such as debts, by virtue of which the applicant can claim to have at least a "legitimate expectation" of obtaining effective enjoyment of a particular pecuniary asset (see Pine Valley Developments Ltd and Others v. Ireland, judgment of 29 November 1991, Series A no. 222, p. 23, § 51; Pressos Compania Naviera S.A. and Others, cited above, and, mutatis mutandis, S.A. Dangeville v. France, no. 36677/97, §§ 44-48, ECHR 2002-III) may also fall within the notion of "possessions" contained in Article 1 of Protocol No. 1. In particular, the Court has consistently held that a "claim" can constitute a "possession" within the meaning of Article 1 of Protocol No. 1 if it is sufficiently established to be enforceable (see Burdov v. Russia, no. 59498/00, 7 May 2002, § 40, and Stran Greek Refineries and Stratis Andreadis v. Greece, judgment of 9 December 1994, Series A no. 301-B, p. 84, § 59).
• EGMR, 20.11.1995 - 17849/91

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

  Auszug aus EGMR, 14.06.2007 - 17341/02

  In this connection, the Court points out that the Convention institutions have consistently held that "possessions" within the meaning of Article 1 of Protocol No. 1 can be either "existing possessions" (see Van der Mussele v. Belgium, 23 November 1983, Series A no. 70, p. 23, § 48) or assets, including claims, in respect of which an applicant can argue that he has at least a "legitimate expectation" that they will be realised (see, for example, Pressos Compania Naviera S.A. and Others v. Belgium, judgment of 20 November 1995, Series A no. 332, p. 21, § 31, and Ouzounis and Others v. Greece, no. 49144/99, 18 April 2002, § 24).