ALFA GLASS ANONYMI EMBORIKI ETAIRIA YALOPINAKON v. GREECE - 74515/13 (Judgment : Protection of property : First Section) French Text [2021] ECHR 86 (28 January 2021)

ALFA GLASS ANONYMI EMBORIKI ETAIRIA YALOPINAKON v. GREECE - 74515/13 (Judgment : Protection of property : First Section) French Text [2021] ECHR 86 (28 January 2021)

The refusal by the civil courts to examine the applicant's challenge to the presumption of benefit, on the grounds that a separate administrative procedure was required, violated the principle of a single procedure for expropriation compensation and thus the applicant's right to property under Article 1 of Protocol...

Source-derived case information.

Citation
[2021] ECHR 86
Parties
Applicant: Alfa Glass Anonymi Emboriki Etairia Yalopinakon; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing
Outcome
Violation of Article 1 of Protocol No. 1 found; just satisfaction awarded.
Legal Topics
Expropriation, Protection of Property, Right to Fair Compensation, Procedural Guarantees, Administrative Procedure
Human Rights Law Property Law Administrative Law Expropriation Protection of Property Right to Fair Compensation Procedural Guarantees Administrative Procedure

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Parties

Alfa Glass Anonymi Emboriki Etairia Yalopinakon

Applicant

Republic of Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing

  1. 1 Whether the refusal of civil courts to examine the applicant's challenge to the presumption of benefit from expropriation works, requiring a separate administrative procedure, violated the right to property under Article 1 of Protocol No. 1 to the Convention.

Ratio Decidendi

The refusal by the civil courts to examine the applicant's challenge to the presumption of benefit, on the grounds that a separate administrative procedure was required, violated the principle of a single procedure for expropriation compensation and thus the applicant's right to property under Article 1 of Protocol No. 1.

Court Disposition

Violation of Article 1 of Protocol No. 1 found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 50,000 EUR for all heads of damage within three months.
  • The respondent State must pay the applicant 1,500 EUR for costs and expenses within three months.