Serghides and Christoforou v Cyprus - 44730/98 [2011] ECHR 1265 (08 June 2011)

Serghides and Christoforou v Cyprus - 44730/98 [2011] ECHR 1265 (08 June 2011)

The Court found that the applicant was deprived of her property without compensation, that the proceedings before the Supreme Court were excessively lengthy, and that she was denied access to a court to challenge the expropriation, all in violation of the Convention.

Citation
[2011] ECHR 1265
Parties
Applicant: Ms Serghides; Applicant: Christoforou; Respondent: Cyprus
Jurisdiction
European Union
Judgment Date
08 June 2011
Procedural Posture
Human Rights Application / Execution of Judgment
Outcome
case closed
Legal Topics
Expropriation Without Compensation, Excessive Length of Proceedings, Right of Access to a Court
Human Rights Law Property Law Administrative Law Expropriation Without Compensation Excessive Length of Proceedings Right of Access to a Court

Case Brief

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Parties

Ms Serghides

Applicant

Christoforou

Applicant

Cyprus

Respondent

Procedural Posture

Human Rights Application / Execution of Judgment

Legal Issues

  1. 1 Whether expropriation of land without compensation violated Article 1 of Protocol No. 1
  2. 2 Whether the length of proceedings before the Supreme Court violated Article 6(1)
  3. 3 Whether denial of access to a court to determine lawfulness of expropriation violated Article 6(1)

Ratio Decidendi

The Court found that the applicant was deprived of her property without compensation, that the proceedings before the Supreme Court were excessively lengthy, and that she was denied access to a court to challenge the expropriation, all in violation of the Convention.

Court Disposition

case closed

Orders

  • Payment of just satisfaction to the applicant for pecuniary and non-pecuniary damages and costs.
  • No further individual measures required.