NATIONAL MOVEMENT EKOGLASNOST v. BULGARIA - 31678/17 (Judgment : Protection of property : Fourth Section) [2020] ECHR 901 (15 December 2020)

NATIONAL MOVEMENT EKOGLASNOST v. BULGARIA - 31678/17 (Judgment : Protection of property : Fourth Section) [2020] ECHR 901 (15 December 2020)

The SAC applied domestic rules for calculating costs without sufficient consideration to the specific circumstances, resulting in an individual and excessive burden on the applicant association, upsetting the fair balance required by Article 1 of Protocol No. 1.

Citation
[2020] ECHR 901
Parties
Applicant Association: National Movement Ekoglasnost; Respondent State: Republic of Bulgaria
Jurisdiction
European Union
Judgment Date
15 December 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Peaceful Enjoyment of Possessions, Costs Awards, Environmental Impact Assessment, Access to Justice, Non Profit Legal Status
Human Rights Administrative Law Environmental Law Peaceful Enjoyment of Possessions Costs Awards Environmental Impact Assessment Access to Justice Non Profit Legal Status

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Parties

National Movement Ekoglasnost

Applicant Association

Republic of Bulgaria

Respondent State

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether an excessive costs award against an environmental association for legal representation of a successful party in reopening proceedings violated Article 1 of Protocol No. 1 (peaceful enjoyment of possessions)

Ratio Decidendi

The SAC applied domestic rules for calculating costs without sufficient consideration to the specific circumstances, resulting in an individual and excessive burden on the applicant association, upsetting the fair balance required by Article 1 of Protocol No. 1.

Court Disposition

violation found

Orders

  • Complaint under Article 1 of Protocol No. 1 declared admissible.
  • Violation of Article 1 of Protocol No. 1 found.