Statileo v. Croatia - 12027/10 - Legal Summary [2014] ECHR 869 (10 July 2014)

Statileo v. Croatia - 12027/10 - Legal Summary [2014] ECHR 869 (10 July 2014)

The Court found that the statutory restrictions imposed on landlords, including the obligation to let property for an indefinite period at a rent grossly below market value, placed a disproportionate and excessive individual burden on the applicant. The Croatian authorities failed to strike a fair balance between the general interests of the community and the protection of the applicant’s property rights, resulting in a violation of Article 1 of Protocol No. 1.

Citation
[2014] ECHR 869
Parties
Applicant: Statileo; Respondent: Croatia
Jurisdiction
European Union
Judgment Date
10 July 2014
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation found
Legal Topics
Control of Use of Property, Protected Tenancy, Adequate Rent, Right to Peaceful Enjoyment of Possessions
Human Rights Law Property Law Control of Use of Property Protected Tenancy Adequate Rent Right to Peaceful Enjoyment of Possessions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Statileo

Applicant

Croatia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the obligation under protected tenancy legislation for a landlord to let property for an indefinite period without adequate rent violates Article 1 of Protocol No. 1 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the statutory restrictions imposed on landlords, including the obligation to let property for an indefinite period at a rent grossly below market value, placed a disproportionate and excessive individual burden on the applicant. The Croatian authorities failed to strike a fair balance between the general interests of the community and the protection of the applicant’s property rights, resulting in a violation of Article 1 of Protocol No. 1.

Court Disposition

violation found

Orders

  • Croatia to pay EUR 8,200 in respect of pecuniary damage
  • Croatia to pay EUR 1,500 in respect of non-pecuniary damage