R & L, S.R.O. v. THE CZECH REPUBLIC - 37926/05 25784/09 36002/09 44410/09 65546/09 - Chamber Judgment [2014] ECHR 703 (03 July 2014)

R & L, S.R.O. v. THE CZECH REPUBLIC - 37926/05 25784/09 36002/09 44410/09 65546/09 - Chamber Judgment [2014] ECHR 703 (03 July 2014)

The Czech rent-control scheme constituted an unlawful interference with landlords' right to property under Article 1 of Protocol No. 1, due to the State's deliberate failure to comply with Constitutional Court judgments and enact constitutionally compliant legislation, resulting in a legal vacuum and violation of the rule of law.

Citation
[2014] ECHR 703
Parties
Applicant: R & L, s.r.o.; Applicant: Mr Čapský; Applicant: Ms Jeschkeová; Applicant: Mr Šumbera; Applicant: Mr and Ms Heldenburg; Respondent: Czech Government
Jurisdiction
European Union
Judgment Date
03 July 2014
Procedural Posture
European Court of Human Rights Application / Merits Judgment
Outcome
Violation found
Legal Topics
Rent Control, Right to Property, State Liability, Exhaustion of Domestic Remedies, Lawfulness of Interference
Human Rights Law Property Law Constitutional Law Rent Control Right to Property State Liability Exhaustion of Domestic Remedies Lawfulness of Interference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 34 Party arguments 2 Amounts and remedies 37
Sign in to unlock

Parties

R & L, s.r.o.

Applicant

Mr Čapský

Applicant

Ms Jeschkeová

Applicant

Mr Šumbera

Applicant

Mr and Ms Heldenburg

Applicant

Czech Government

Respondent

Procedural Posture

European Court of Human Rights Application / Merits Judgment

Legal Issues

  1. 1 Whether Czech rent-control legislation violated applicants' right to property under Article 1 of Protocol No. 1
  2. 2 Whether the interference was lawful, pursued a legitimate aim, and was proportionate
  3. 3 Whether applicants exhausted effective domestic remedies

Ratio Decidendi

The Czech rent-control scheme constituted an unlawful interference with landlords' right to property under Article 1 of Protocol No. 1, due to the State's deliberate failure to comply with Constitutional Court judgments and enact constitutionally compliant legislation, resulting in a legal vacuum and violation of the rule of law.

Court Disposition

Violation found

Orders

  • The applications are joined.
  • Government's objections to admissibility are dismissed.