FISENKO v. RUSSIA - 28427/18 (Judgment : Protection of property : Third Section Committee) French Text [2021] ECHR 117 (09 February 2021)

FISENKO v. RUSSIA - 28427/18 (Judgment : Protection of property : Third Section Committee) French Text [2021] ECHR 117 (09 February 2021)

The destruction of all trees on applicant's parcel, without respecting the compliance deadline, without legal basis, and without urgent necessity, constituted arbitrary and unlawful deprivation of property, violating Article 1 of Protocol No. 1 to the Convention.

Source-derived case information.

Citation
[2021] ECHR 117
Parties
Applicant: Varvara Grigoryevna Fisenko; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Protection of Property, Right to Respect for Property, Arbitrary Deprivation, State Interference
Human Rights Property Law Protection of Property Right to Respect for Property Arbitrary Deprivation State Interference

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Parties

Varvara Grigoryevna Fisenko

Applicant

Federation of Russia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the destruction of applicant's trees constituted an unlawful deprivation of property under Article 1 of Protocol No. 1 to the Convention

Ratio Decidendi

The destruction of all trees on applicant's parcel, without respecting the compliance deadline, without legal basis, and without urgent necessity, constituted arbitrary and unlawful deprivation of property, violating Article 1 of Protocol No. 1 to the Convention.

Court Disposition

violation found

Orders

  • State must pay applicant 6,500 EUR for moral damages within three months, plus any applicable tax.
  • State must pay applicant 1,400 EUR for costs and expenses within three months, plus any applicable tax.