KOSTOV AND OTHERS v. BULGARIA - 66581/12 (Judgment : Protection of property : Fifth Section) [2020] ECHR 327 (14 May 2020)

KOSTOV AND OTHERS v. BULGARIA - 66581/12 (Judgment : Protection of property : Fifth Section) [2020] ECHR 327 (14 May 2020)

The compensation awarded to the applicants for expropriated land, calculated under the Regulation due to the absence of sufficient comparable properties, was not reasonably related to the value of the land. Major discrepancies existed between indicative market values and the compensation actually awarded, which...

Source-derived case information.

Citation
[2020] ECHR 327
Parties
Applicant: Nedyalko Georgiev Kostov; Applicant: Severina Prodanova Popova; Applicant: Boris Prodanov Velichkov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Human Rights Application (echr) / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 1 of Protocol No. 1; no separate issue under Article 6 § 1; just satisfaction awarded for non-pecuniary damage; reopening of domestic proceedings considered appropriate remedy for pecuniary damage.
Legal Topics
Expropriation, Compensation for Deprivation of Property, Calculation of Market Value, Proportionality, Judicial Review of Administrative Acts
Human Rights Law Property Law Administrative Law Expropriation Compensation for Deprivation of Property Calculation of Market Value Proportionality Judicial Review of Administrative Acts

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Parties

Nedyalko Georgiev Kostov

Applicant

Severina Prodanova Popova

Applicant

Boris Prodanov Velichkov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Human Rights Application (echr) / Judgment on Merits and Just Satisfaction

  1. 1 Whether compensation awarded for expropriated property was reasonably related to its value as required by Article 1 of Protocol No. 1 ECHR
  2. 2 Whether the method of calculating compensation under Bulgarian law imposed a disproportionate burden on applicants
  3. 3 Whether the judicial review proceedings were fair under Article 6 § 1 ECHR

Ratio Decidendi

The compensation awarded to the applicants for expropriated land, calculated under the Regulation due to the absence of sufficient comparable properties, was not reasonably related to the value of the land. Major discrepancies existed between indicative market values and the compensation actually awarded, which imposed an excessive individual burden and violated Article 1 of Protocol No. 1. The deficiencies in the domestic legal framework and its application prevented a fair balance between the public interest and the applicants' property rights.

Court Disposition

Violation of Article 1 of Protocol No. 1; no separate issue under Article 6 § 1; just satisfaction awarded for non-pecuniary damage; reopening of domestic proceedings considered appropriate remedy for pecuniary damage.

Orders

  • Reopening of domestic proceedings in Bulgaria is an appropriate means to remedy the violation.
  • EUR 5,000 awarded to the first applicant for non-pecuniary damage.