VARFIS v. GREECE - 40409/08 - Chamber Judgment (French Text) [2014] ECHR 1223 (13 November 2014)

VARFIS v. GREECE - 40409/08 - Chamber Judgment (French Text) [2014] ECHR 1223 (13 November 2014)

The Court found that the applicant suffered a restriction on the enjoyment of his property rights due to regulatory changes after acquisition, without compensation, which upset the fair balance required by Article 1 of Protocol No. 1. As restitutio in integrum was not possible, only compensation was appropriate. The...

Source-derived case information.

Citation
[2014] ECHR 1223
Parties
Applicant: Spyridonas Varfis; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Chamber Judgment on Just Satisfaction (article 41)
Outcome
Application for just satisfaction partly allowed
Legal Topics
Right to Property, Just Satisfaction, Constructibility Restrictions, Environmental Regulation, Compensation for Regulatory Taking
Human Rights Law Property Law Right to Property Just Satisfaction Constructibility Restrictions Environmental Regulation Compensation for Regulatory Taking

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Parties

Spyridonas Varfis

Applicant

Republic of Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Chamber Judgment on Just Satisfaction (article 41)

  1. 1 Whether the applicant is entitled to just satisfaction for material and moral damage resulting from restrictions on the constructibility of his property without compensation

Ratio Decidendi

The Court found that the applicant suffered a restriction on the enjoyment of his property rights due to regulatory changes after acquisition, without compensation, which upset the fair balance required by Article 1 of Protocol No. 1. As restitutio in integrum was not possible, only compensation was appropriate. The Court awarded a lump sum for material damage, finding the applicant's loss real but not precisely quantifiable, and held that the finding of violation sufficed for moral damage.

Court Disposition

Application for just satisfaction partly allowed

Orders

  • The finding of violation constitutes sufficient just satisfaction for moral damage.
  • The respondent State must pay the applicant 50,000 EUR for material damage, plus any tax due, within three months of the judgment becoming final.