LYAPCHEV AND OTHERS v. BULGARIA - 75478/13 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Third Section Committee) [2023] ECHR 189 (02 March 2023)

LYAPCHEV AND OTHERS v. BULGARIA - 75478/13 (Judgment : Article 1 of Protocol No. 1 - Protection of property : Third Section Committee) [2023] ECHR 189 (02 March 2023)

The national courts failed to establish a sufficient causal link between the applicants' assets and any criminal conduct, relying instead on statutory presumptions and discrepancies in income and expenditure, resulting in a violation of Article 1 of Protocol No. 1.

Source-derived case information.

Citation
[2023] ECHR 189
Parties
Applicant: Spas Dimitrov Lyapchev; Applicant: Miroslava Dimitrova Lyapcheva; Applicant: Petyo Kirilov Chupetlovski; Respondent: Bulgaria
Jurisdiction
European Union
Judgment Date
02 March 2023
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Applications joined and declared admissible; violation of Article 1 of Protocol No. 1 found; non-pecuniary damages and costs awarded; remainder of claims dismissed.
Legal Topics
Forfeiture of Proceeds of Crime, Right to Peaceful Enjoyment of Possessions, Article 1 of Protocol No. 1 ECHR, Just Satisfaction Under Article 41 ECHR
Human Rights Law Property Law Forfeiture of Proceeds of Crime Right to Peaceful Enjoyment of Possessions Article 1 of Protocol No. 1 ECHR Just Satisfaction Under Article 41 ECHR

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Parties

Spas Dimitrov Lyapchev

Applicant

Miroslava Dimitrova Lyapcheva

Applicant

Petyo Kirilov Chupetlovski

Applicant

Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

Legal Issues

  1. 1 Whether the forfeiture of alleged proceeds of crime violated Article 1 of Protocol No. 1 ECHR

Ratio Decidendi

The national courts failed to establish a sufficient causal link between the applicants' assets and any criminal conduct, relying instead on statutory presumptions and discrepancies in income and expenditure, resulting in a violation of Article 1 of Protocol No. 1.

Court Disposition

Applications joined and declared admissible; violation of Article 1 of Protocol No. 1 found; non-pecuniary damages and costs awarded; remainder of claims dismissed.

Orders

  • Respondent State to pay applicants non-pecuniary damages and costs as indicated in the appended table, within three months, converted to local currency at settlement date.
  • Simple interest payable on awarded sums after three months at ECB marginal lending rate plus three percentage points.