BITTÓ AND OTHERS v. SLOVAKIA - 30255/09 - Chamber Judgment [2014] ECHR 79 (28 January 2014)

BITTÓ AND OTHERS v. SLOVAKIA - 30255/09 - Chamber Judgment [2014] ECHR 79 (28 January 2014)

The Slovak rent-control scheme, by imposing prolonged and severe restrictions on owners' ability to derive profit from their property and failing to provide compensation or timely deregulation, placed a disproportionate and excessive burden on the applicants, violating Article 1 of Protocol No. 1. No separate issue arose under Article 14.

Citation
[2014] ECHR 79
Parties
Applicant: Bittó and Others; Respondent: Slovak Republic
Jurisdiction
European Union
Judgment Date
28 January 2014
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Merits Judgment
Outcome
Violation of Article 1 of Protocol No. 1 found; no separate issue under Article 14.
Legal Topics
Rent Control, Peaceful Enjoyment of Possessions, Discrimination, State Regulation of Property, Compensation for Property Restrictions
Human Rights Law Property Law Administrative Law Rent Control Peaceful Enjoyment of Possessions Discrimination State Regulation of Property Compensation for Property Restrictions

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Parties

Bittó and Others

Applicant

Slovak Republic

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Merits Judgment

Legal Issues

  1. 1 Whether the Slovak rent-control scheme violated Article 1 of Protocol No. 1 (peaceful enjoyment of possessions)
  2. 2 Whether the scheme constituted discrimination contrary to Article 14 of the Convention

Ratio Decidendi

The Slovak rent-control scheme, by imposing prolonged and severe restrictions on owners' ability to derive profit from their property and failing to provide compensation or timely deregulation, placed a disproportionate and excessive burden on the applicants, violating Article 1 of Protocol No. 1. No separate issue arose under Article 14.

Court Disposition

Violation of Article 1 of Protocol No. 1 found; no separate issue under Article 14.

Orders

  • Slovak Republic to take general and/or individual measures to secure applicants' rights and remedy the violation.
  • Applicants entitled to compensation for pecuniary damage; quantum to be determined under Article 41.