CLINIQUE DES ACACIAS AND OTHERS v. FRANCE - 65399/01 ; 65405/01 ; 65407/01 ; [2005] ECHR 714 (13 October 2005)

The Court found that the compensation mechanism did not provide adequate compensation, resulting in a violation of Article 1 of Protocol No. 1.

Source-derived case information.

Citation: [2005] ECHR 714
Parties: Applicant: Clinique des Acacias; Respondent: France
Jurisdiction: European Union
Procedural Posture: Application to European Court of Human Rights / Final Judgment
Outcome: Violation found
Legal Topics: Right to Property, Article 1 of Protocol No. 1, Compensation for Expropriation

Human Rights Law Right to Property Article 1 of Protocol No. 1 Compensation for Expropriation

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Clinique des Acacias

Applicant

France

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

1 Whether the applicants' right to property under Article 1 of Protocol No. 1 was violated by the compensation mechanism

Ratio Decidendi

The Court found that the compensation mechanism did not provide adequate compensation, resulting in a violation of Article 1 of Protocol No. 1.

Court Disposition

Violation found

Orders

France to pay compensation to applicants

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