Edvards KVASNEVSKIS and Others v Latvia - 50853/06 [2011] ECHR 1541 (20 September 2011)

Edvards KVASNEVSKIS and Others v Latvia - 50853/06 [2011] ECHR 1541 (20 September 2011)

The Court found that it could not determine the admissibility of the complaints under Article 1 of Protocol No. 1 and Article 6 § 1 (access to court for allocation of apartments) on the basis of the case file and adjourned these parts. The complaints regarding breach of the 1991 lease and fairness of proceedings under Article 6 § 1 were manifestly ill-founded and rejected. Complaints under Articles 3, 8, 13, and 14 were also manifestly ill-founded and rejected.

Citation
[2011] ECHR 1541
Parties
Applicants: Edvards Kvasņevskis and Others; Respondent: Latvia
Jurisdiction
European Union
Judgment Date
20 September 2011
Procedural Posture
Application to the European Court of Human Rights / Partial Decision on Admissibility
Outcome
Partial admissibility decision; application partly adjourned and remainder declared inadmissible.
Legal Topics
Right to Property, Access to Court, Fair Trial, Discrimination, Right to Respect for Private and Family Life, Effective Remedy, Prohibition of Inhuman or Degrading Treatment
Human Rights Law Property Law Administrative Law Right to Property Access to Court Fair Trial Discrimination Right to Respect for Private and Family Life +2 more

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Parties

Edvards Kvasņevskis and Others

Applicants

Latvia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Partial Decision on Admissibility

Legal Issues

  1. 1 Whether applicants were deprived of possessions in violation of Article 1 of Protocol No. 1
  2. 2 Whether access to court was denied in violation of Article 6 § 1
  3. 3 Whether there was unfairness in domestic proceedings under Article 6 § 1

Ratio Decidendi

The Court found that it could not determine the admissibility of the complaints under Article 1 of Protocol No. 1 and Article 6 § 1 (access to court for allocation of apartments) on the basis of the case file and adjourned these parts. The complaints regarding breach of the 1991 lease and fairness of proceedings under Article 6 § 1 were manifestly ill-founded and rejected. Complaints under Articles 3, 8, 13, and 14 were also manifestly ill-founded and rejected.

Court Disposition

Partial admissibility decision; application partly adjourned and remainder declared inadmissible.

Orders

  • Adjourned examination of complaints under Article 1 of Protocol No. 1 and Article 6 § 1 (access to court for allocation of apartments)
  • Declared remainder of application inadmissible