VALLE PIERIMPIÈ SOCIETÀ AGRICOLA S.P.A v. ITALY - 46154/11 - Chamber Judgment [2014] ECHR 992 (23 September 2014)

VALLE PIERIMPIÈ SOCIETÀ AGRICOLA S.P.A v. ITALY - 46154/11 - Chamber Judgment [2014] ECHR 992 (23 September 2014)

The applicant had a legitimate expectation and a substantive interest protected by Article 1 of Protocol No. 1, based on formal title, long-standing possession, payment of taxes, and official tolerance. The deprivation of property was lawful and pursued a legitimate aim (environmental protection), but the absence of...

Source-derived case information.

Citation
[2014] ECHR 992
Parties
Applicant: Valle Pierimpiè Società Agricola S.p.a.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment on Merits
Outcome
Violation of Article 1 of Protocol No. 1 to the Convention found.
Legal Topics
Right to Property, Deprivation of Property, Public Domain, Compensation for Expropriation, Legitimate Expectation, Environmental Protection
Human Rights Law Property Law Administrative Law Right to Property Deprivation of Property Public Domain Compensation for Expropriation Legitimate Expectation +1 more

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Parties

Valle Pierimpiè Società Agricola S.p.a.

Applicant

Republic of Italy

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment on Merits

  1. 1 Whether the applicant was deprived of its property without compensation in violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights
  2. 2 Whether the applicant had a 'possession' or 'legitimate expectation' protected by Article 1 of Protocol No. 1
  3. 3 Whether the deprivation was lawful, pursued a legitimate aim, and was proportionate

Ratio Decidendi

The applicant had a legitimate expectation and a substantive interest protected by Article 1 of Protocol No. 1, based on formal title, long-standing possession, payment of taxes, and official tolerance. The deprivation of property was lawful and pursued a legitimate aim (environmental protection), but the absence of any compensation and the imposition of a substantial indemnity for occupation imposed an excessive and disproportionate burden on the applicant, violating the fair balance required by Article 1 of Protocol No. 1.

Court Disposition

Violation of Article 1 of Protocol No. 1 to the Convention found.

Orders

  • The remainder of the application is declared admissible.
  • The State is to pay the applicant EUR 5,000 in respect of non-pecuniary damage within three months.