STOYAN NIKOLOV v. BULGARIA - 68504/11 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 652 (20 July 2021)

STOYAN NIKOLOV v. BULGARIA - 68504/11 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 652 (20 July 2021)

The confiscation of 100% of the undeclared sum, in addition to an administrative fine, for a negligent failure to declare cash at customs, where the origin of the funds was lawful and there was no intent to conceal, was disproportionate and imposed an excessive burden on the applicant, violating Article 1 of...

Source-derived case information.

Citation
[2021] ECHR 652
Parties
Applicant: Stoyan Todorov Nikolov (deceased), represented by Kostadinka Nikolova, Todor Nikolov, Ivan Nikolov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 1 of Protocol No. 1; no violation of Article 13; no violation of Article 6 § 1; partial award of just satisfaction.
Legal Topics
Right to Property, Proportionality of Sanctions, Effective Remedies, Customs and Currency Controls, Interaction of EU and National Law
Human Rights Law Administrative Law European Union Law Right to Property Proportionality of Sanctions Effective Remedies Customs and Currency Controls Interaction of EU and National Law

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Parties

Stoyan Todorov Nikolov (deceased), represented by Kostadinka Nikolova, Todor Nikolov, Ivan Nikolov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

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

  1. 1 Whether the cumulative imposition of an administrative fine and confiscation of the entire undeclared sum at customs violated Article 1 of Protocol No. 1 to the Convention
  2. 2 Whether there was an effective domestic remedy for the alleged violation (Article 13 ECHR)
  3. 3 Whether the administrative courts failed to address a decisive argument (Article 6 § 1 ECHR)

Ratio Decidendi

The confiscation of 100% of the undeclared sum, in addition to an administrative fine, for a negligent failure to declare cash at customs, where the origin of the funds was lawful and there was no intent to conceal, was disproportionate and imposed an excessive burden on the applicant, violating Article 1 of Protocol No. 1. The applicant had access to an effective domestic remedy, and the courts' reasoning was sufficient; thus, there was no violation of Article 13 or Article 6 § 1.

Court Disposition

Violation of Article 1 of Protocol No. 1; no violation of Article 13; no violation of Article 6 § 1; partial award of just satisfaction.

Orders

  • Bulgaria to pay 34,300 EUR for pecuniary damage to the heirs of the applicant.
  • Bulgaria to pay 3,500 EUR for costs and expenses (1,700 EUR to lawyers, 1,800 EUR to heirs).