KUKLIK AND OTHERS v. THE CZECH REPUBLIC - 15493/12 (Judgment : Article 1 of Protocol No. 1 - Protection of property : First Section Committee) [2018] ECHR 784 (04 October 2018)

KUKLIK AND OTHERS v. THE CZECH REPUBLIC - 15493/12 (Judgment : Article 1 of Protocol No. 1 - Protection of property : First Section Committee) [2018] ECHR 784 (04 October 2018)

The Czech rent control system constituted an unlawful interference with applicants' property rights under Article 1 of Protocol No. 1. Domestic compensation was not adequate in light of European Court standards. Applicants are entitled to compensation reflecting the difference between market and regulated rent, plus non-pecuniary damages and costs.

Citation
[2018] ECHR 784
Parties
Applicant: Frantisek Kuklík; Applicant: Jan Jošt; Applicant: Olga Heldenburg; Applicant: Michal Heldenburg; Applicant: Oldřich Ráž; Applicant: Vladimir Stuchlý; Respondent: Czech Republic
Jurisdiction
European Union
Judgment Date
04 October 2018
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation found; compensation awarded
Legal Topics
Rent Control, Right to Property, Just Satisfaction, State Liability, Compensation for Unlawful Interference
Human Rights Property Law Civil Procedure Rent Control Right to Property Just Satisfaction State Liability Compensation for Unlawful Interference

Case Brief

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Parties

Frantisek Kuklík

Applicant

Jan Jošt

Applicant

Olga Heldenburg

Applicant

Michal Heldenburg

Applicant

Oldřich Ráž

Applicant

Vladimir Stuchlý

Applicant

Czech Republic

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the Czech rent control system violated applicants' right to property under Article 1 of Protocol No. 1
  2. 2 Whether compensation awarded by domestic courts was adequate
  3. 3 Whether applicants' claims were abusive or inadmissible

Ratio Decidendi

The Czech rent control system constituted an unlawful interference with applicants' property rights under Article 1 of Protocol No. 1. Domestic compensation was not adequate in light of European Court standards. Applicants are entitled to compensation reflecting the difference between market and regulated rent, plus non-pecuniary damages and costs.

Court Disposition

Violation found; compensation awarded

Orders

  • Applications joined
  • Applications declared admissible