S.C. COMPLEX HERTA IMPORT EXPORT S.R.L. LIPOVA v. ROMANIA - 17118/04 - Chamber Judgment (French Text) [2013] ECHR 561 (18 June 2013)

S.C. COMPLEX HERTA IMPORT EXPORT S.R.L. LIPOVA v. ROMANIA - 17118/04 - Chamber Judgment (French Text) [2013] ECHR 561 (18 June 2013)

The minimum fine imposed was lawful, pursued a legitimate aim, and did not constitute an excessive charge or fundamentally affect the applicant's financial situation. National authorities maintained a fair balance between public interest and property rights. No violation of Article 1 of Protocol No. 1 occurred.

Source-derived case information.

Citation
[2013] ECHR 561
Parties
Applicant: S. C. Complex Herta Import Export S. R. L. Lipova; Respondent: Romania
Jurisdiction
European Union
Judgment Date
18 June 2013
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
Application partly admissible; no violation found
Legal Topics
Proportionality of Administrative Sanctions, Right to Property, Presumption of Innocence, Application of New Legislation
Human Rights Administrative Law Commercial Law Proportionality of Administrative Sanctions Right to Property Presumption of Innocence Application of New Legislation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

S. C. Complex Herta Import Export S. R. L. Lipova

Applicant

Romania

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the administrative fine imposed for failure to display required information violated Article 1 of Protocol No. 1 (right to property)
  2. 2 Whether the presumption of innocence under Article 6 was violated
  3. 3 Whether Article 7 was violated due to retroactive application of law

Ratio Decidendi

The minimum fine imposed was lawful, pursued a legitimate aim, and did not constitute an excessive charge or fundamentally affect the applicant's financial situation. National authorities maintained a fair balance between public interest and property rights. No violation of Article 1 of Protocol No. 1 occurred.

Court Disposition

Application partly admissible; no violation found

Orders

  • The application is declared admissible as regards Article 1 of Protocol No. 1 and inadmissible as to other complaints.
  • It is held unanimously that there has been no violation of Article 1 of Protocol No. 1.