SARL COUTTOLENC FRCRES v. FRANCE - 24300/20 (No Article 1 of Protocol No. 1 - Protection of property : Fifth Section) French Text [2023] ECHR 757 (05 October 2023)

SARL COUTTOLENC FRCRES v. FRANCE - 24300/20 (No Article 1 of Protocol No. 1 - Protection of property : Fifth Section) French Text [2023] ECHR 757 (05 October 2023)

The Court found that the deprivation of property was provided by law, pursued a legitimate aim (continuity of public service and territorial planning), and was proportionate, as the applicant had been able to exploit the facilities for over 28 years and there was no special or excessive burden. The rule was...

Source-derived case information.

Citation
[2023] ECHR 757
Parties
Applicant: SARL Couttolenc Frères; Respondent: France (République française)
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits
Outcome
Application dismissed; no violation found.
Legal Topics
Protection of Property, Expropriation, Public Service Concessions, State Liability, Right to Compensation, Legal Certainty
Human Rights Law Administrative Law Property Law Public Law Protection of Property Expropriation Public Service Concessions State Liability +2 more

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Parties

SARL Couttolenc Frères

Applicant

France (République française)

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits

  1. 1 Whether the transfer of property to a public authority under the 'biens de retour' rule without compensation at market value constitutes a violation of Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights
  2. 2 Whether the rule was accessible and foreseeable (legal certainty)
  3. 3 Whether the applicant had an effective remedy

Ratio Decidendi

The Court found that the deprivation of property was provided by law, pursued a legitimate aim (continuity of public service and territorial planning), and was proportionate, as the applicant had been able to exploit the facilities for over 28 years and there was no special or excessive burden. The rule was sufficiently accessible and foreseeable in light of the legislative and jurisprudential context. There was no violation of Article 1 of Protocol No. 1.

Court Disposition

Application dismissed; no violation found.