SOCIEDAD ANONIMA DEL UCIEZA v. SPAIN - 38963/08 (Judgment (Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 1149 (20 December 2016)

SOCIEDAD ANONIMA DEL UCIEZA v. SPAIN - 38963/08 (Judgment (Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 1149 (20 December 2016)

Restitutio in integrum was not feasible due to procedural and practical obstacles; the most appropriate remedy was monetary compensation for material and moral damage resulting from the violation of Article 6 § 1 and Article 1 of Protocol No. 1 ECHR.

Source-derived case information.

Citation
[2016] ECHR 1149
Parties
Applicant: Sociedad Anónima del Ucieza; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Just Satisfaction
Outcome
Applicant awarded compensation for material and moral damage; other claims rejected.
Legal Topics
Right of Access to Court, Right to Property, Just Satisfaction, Restitutio in Integrum, Compensation for Material and Moral Damage
Human Rights Property Law Civil Procedure Right of Access to Court Right to Property Just Satisfaction Restitutio in Integrum Compensation for Material and Moral Damage

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Parties

Sociedad Anónima del Ucieza

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Just Satisfaction

  1. 1 Whether the applicant was deprived of access to the Supreme Court due to strict procedural interpretation
  2. 2 Whether the applicant suffered unjust deprivation of property due to registration by the Catholic Church
  3. 3 Whether compensation or restitutio in integrum is appropriate for the violation

Ratio Decidendi

Restitutio in integrum was not feasible due to procedural and practical obstacles; the most appropriate remedy was monetary compensation for material and moral damage resulting from the violation of Article 6 § 1 and Article 1 of Protocol No. 1 ECHR.

Court Disposition

Applicant awarded compensation for material and moral damage; other claims rejected.

Orders

  • State to pay applicant 600,000 EUR for material damage within three months of final judgment.
  • State to pay applicant 15,600 EUR for moral damage within three months of final judgment.