|EGMR, 28.05.2013 - 5516/05|
- Europäischer Gerichtshof für Menschenrechte
NEDELCHEVA AND OTHERS v. BULGARIA
Protokoll Nr. 1 Art. 1, Protokoll Nr. 1 Art. 1 Abs. 1 MRK
Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions) (englisch)
- EGMR, 28.05.2013 - 5516/05
- EGMR, 03.02.2015 - 5516/05
Wird zitiert von ... (3)
- EGMR, 17.06.2014 - 37857/05
KARAIVANOVA AND MILEVA v. BULGARIAIn a number of judgments and decisions concerning restitution of agricultural land in Bulgaria the Court has observed that, under the national law, administrative decisions determining claimants" rights to restitution under the ALA are given in ex parte proceedings before the land commission and can be challenged either directly or indirectly by another person claiming property rights over the same land (see Sivova and Koleva, § 74, and Lyubomir Popov; § 117, both cited above; Nedelcheva and Others v. Bulgaria, no. 5516/05, § 56, 28 May 2013; and Kupenova and Others v. Bulgaria (dec.), no. 12664/05, § 30, 7 May 2013).
- EGMR, 03.02.2015 - 17705/05
ILIEVA AND OTHERS v. BULGARIAHowever, even though that decision, as well as the Teteven District Court's judgment of 9 April 1998, stated that they acknowledged the applicants" entitlement to the restitution of the plot claimed by them in its "actual boundaries", due to the fact, already discussed above, that the company "Pochivno delo na SSHP" EOOD had known rival claims to the land, falling to be examined in separate civil proceedings with its participation, the Court cannot accept that the decision of 25 July 1995 and the judgment of 9 April 1998 determined with finality the scope of the applicants" restitution rights and gave rise to an asset, that is to a stable and defendable property right for them (see Karaivanova and Mileva, § 76, cited above; also Nedelcheva and Others v. Bulgaria, no. 5516/05, § 60, 28 May 2013, and Kupenova and Others v. Bulgaria (dec.), no. 12664/05, § 34, 7 May 2013).
- EGMR, 02.06.2015 - 44103/05
NEDYALKOV AND OTHERS v. BULGARIAAccordingly, the Court cannot accept that the decision of 19 February 1996, issued on the basis of the judgment of 7 December 1995, finally determined the scope of the restitution rights of the fourth applicant and his sister, later the four applicants, and thereby gave rise to an asset for them - that is to say to a stable and defendable property right (see Karaivanova and Mileva, § 76, cited above; also Nedelcheva and Others v. Bulgaria, no. 5516/05, § 60, 28 May 2013; and Kupenova and Others v. Bulgaria (dec.), no. 12664/05, § 34, 7 May 2013).
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