S.A. BIO D'ARDENNES v. BELGIUM - 44457/11 (Judgment : Protection of property : Third Section) French Text [2019] ECHR 805 (12 November 2019)

S.A. BIO D'ARDENNES v. BELGIUM - 44457/11 (Judgment : Protection of property : Third Section) French Text [2019] ECHR 805 (12 November 2019)

The refusal of indemnification for compulsory slaughter of cattle due to applicant's multiple breaches of sanitary regulations was lawful, pursued a legitimate aim, and did not impose a special or excessive burden. The measure constituted regulation of use of property, not deprivation, and respected the fair balance...

Source-derived case information.

Citation
[2019] ECHR 805
Parties
Applicant: S. A. Bio d’Ardennes; Respondent: Belgium
Jurisdiction
European Union
Judgment Date
12 November 2019
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
application dismissed
Legal Topics
Protection of Property, Regulation of Use of Property, Indemnification for Animal Disease Control, Brucellosis Control, State Liability
Human Rights Property Law Administrative Law Protection of Property Regulation of Use of Property Indemnification for Animal Disease Control Brucellosis Control State Liability

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Parties

S. A. Bio d’Ardennes

Applicant

Belgium

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether refusal of indemnification for compulsory slaughter of cattle due to sanitary violations constitutes disproportionate interference with property rights under Article 1 Protocol 1 ECHR

Ratio Decidendi

The refusal of indemnification for compulsory slaughter of cattle due to applicant's multiple breaches of sanitary regulations was lawful, pursued a legitimate aim, and did not impose a special or excessive burden. The measure constituted regulation of use of property, not deprivation, and respected the fair balance required by Article 1 Protocol 1 ECHR.

Court Disposition

application dismissed

Orders

  • Application declared receivable
  • No violation of Article 1 Protocol 1 ECHR found