SOCIEDAD ANONIMA DEL UCIEZA v. SPAIN - 38963/08 - Chamber Judgment (French text) [2014] ECHR 1186 (04 November 2014)

SOCIEDAD ANONIMA DEL UCIEZA v. SPAIN - 38963/08 - Chamber Judgment (French text) [2014] ECHR 1186 (04 November 2014)

The Court found that the Spanish Supreme Court's strict interpretation of the valuation threshold for cassation, in the context of a unique and historically valuable property, was excessively formalistic and disproportionate, effectively depriving the applicant of access to a court in violation of Article 6 §1 ECHR....

Source-derived case information.

Citation
[2014] ECHR 1186
Parties
Applicant: Sociedad Anónima del Ucieza; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (echr) / Final Judgment
Outcome
Violation of Article 6 §1 ECHR (right of access to court) found; Article 1 Protocol No. 1 complaint admissible; just satisfaction reserved.
Legal Topics
Right to a Fair Trial, Right to Property, Access to Court, Discrimination, Procedural Formalism
Human Rights Law Property Law Civil Procedure Right to a Fair Trial Right to Property Access to Court Discrimination Procedural Formalism

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Parties

Sociedad Anónima del Ucieza

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Chamber Judgment (echr) / Final Judgment

  1. 1 Whether the applicant was denied access to the Supreme Court due to excessive formalism in procedural requirements (Article 6 ECHR)
  2. 2 Whether the applicant was unlawfully deprived of property without compensation (Article 1 Protocol No. 1 ECHR)

Ratio Decidendi

The Court found that the Spanish Supreme Court's strict interpretation of the valuation threshold for cassation, in the context of a unique and historically valuable property, was excessively formalistic and disproportionate, effectively depriving the applicant of access to a court in violation of Article 6 §1 ECHR. The Court also found that the applicant's complaint under Article 1 Protocol No. 1 was admissible but the core violation was procedural, relating to access to court rather than substantive deprivation of property.

Court Disposition

Violation of Article 6 §1 ECHR (right of access to court) found; Article 1 Protocol No. 1 complaint admissible; just satisfaction reserved.

Orders

  • The Court found a violation of Article 6 §1 ECHR.
  • The complaint under Article 1 Protocol No. 1 was declared admissible.