LACHIKHINA v. RUSSIA - 38783/07 (Judgment : Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Deprivation of prope...) French Text [2017] ECHR 857 (10 October 2017)

LACHIKHINA v. RUSSIA - 38783/07 (Judgment : Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Deprivation of prope...) French Text [2017] ECHR 857 (10 October 2017)

The prolonged seizure and retention of the applicant's vehicle, without effective judicial remedy or proportionality review, constituted a violation of Article 1 of Protocol No. 1 to the Convention. The applicant was deprived of her property for over ten years without adequate legal recourse, and the authorities...

Source-derived case information.

Citation
[2017] ECHR 857
Parties
Applicant: Natalya Yuryevna Lachikhina; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment
Outcome
Violation of Article 1 of Protocol No. 1 found; application allowed.
Legal Topics
Protection of Property, Deprivation of Property, Effective Remedies, Proportionality, Satisfaction Equitable
Human Rights Property Law Criminal Procedure Protection of Property Deprivation of Property Effective Remedies Proportionality Satisfaction Equitable

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Parties

Natalya Yuryevna Lachikhina

Applicant

Federation of Russia

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment

  1. 1 Whether the seizure and prolonged retention of the applicant's vehicle violated Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether the applicant had access to effective remedies under Russian law

Ratio Decidendi

The prolonged seizure and retention of the applicant's vehicle, without effective judicial remedy or proportionality review, constituted a violation of Article 1 of Protocol No. 1 to the Convention. The applicant was deprived of her property for over ten years without adequate legal recourse, and the authorities failed to balance the interests of the applicant and the bank, nor did they consider alternative measures.

Court Disposition

Violation of Article 1 of Protocol No. 1 found; application allowed.

Orders

  • State must pay applicant 11,000 EUR within three months for material and moral damages, plus any applicable taxes.
  • Interest at ECB marginal lending rate plus three percentage points applies after deadline until payment.