KANAGINIS v. GREECE - 27662/09 (Judgment : Pecuniary and non-pecuniary damage - award : First Section) French Text [2018] ECHR 220 (08 March 2018)

KANAGINIS v. GREECE - 27662/09 (Judgment : Pecuniary and non-pecuniary damage - award : First Section) French Text [2018] ECHR 220 (08 March 2018)

Given the nature of the violation (impossibility to recover property due to excessive compensation demanded), only an award of damages can compensate the applicant. The Court cannot base the amount directly on market or fiscal value due to uncertainties, but finds a real loss of opportunity to recover the land. The...

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Citation
[2018] ECHR 220
Parties
Applicant: Themistoklis Kanaginis (later his heirs Evangelia Kanagini and Georgios Kanaginis); Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Just Satisfaction (article 41 Echr)
Outcome
Application for just satisfaction partly allowed.
Legal Topics
Expropriation, Right to Property, Just Satisfaction, Compensation for Pecuniary and Non Pecuniary Damage
Human Rights Law Property Law Expropriation Right to Property Just Satisfaction Compensation for Pecuniary and Non Pecuniary Damage

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Parties

Themistoklis Kanaginis (later his heirs Evangelia Kanagini and Georgios Kanaginis)

Applicant

Republic of Greece

Respondent

Procedural Posture

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

  1. 1 Whether the applicant is entitled to just satisfaction under Article 41 ECHR for violation of Article 1 of Protocol No. 1 due to unreasonable compensation demanded for recovery of expropriated land.

Ratio Decidendi

Given the nature of the violation (impossibility to recover property due to excessive compensation demanded), only an award of damages can compensate the applicant. The Court cannot base the amount directly on market or fiscal value due to uncertainties, but finds a real loss of opportunity to recover the land. The Court awards a lump sum in equity for all heads of damage.

Court Disposition

Application for just satisfaction partly allowed.

Orders

  • Respondent State to pay 20,000 EUR for all heads of damage, plus any tax due.
  • Respondent State to pay 3,773 EUR for costs and expenses, plus any tax due.