Violation of Article 1 of Protocol No. 1
The applicant, Giuseppe Quattrone, is an Italian national who was born in 1924 and lives in Reggio de Calabre (Italy). He was the owner of a plot of building land in Reggio de Calabre. The land was occupied by the authorities with a view to its expropriation and building work was begun. In the absence of formal expropriation and compensation, the applicant brought proceedings seeking damages for the unlawful occupation of his land.
The applicant alleged that the occupation of his land had infringed his right to the peaceful enjoyment of his possessions, guaranteed under Article 1 of Protocol No. 1 (protection of property). He also complained of the unfairness of the proceedings he had brought in order to seek damages and relied on Article 6 § 1 (right to a fair hearing in a reasonable time).
The Court found that there had been a violation of Article 1 of Protocol No. 1 and of Article 6 § 1 on account of the length of the proceedings (more than 16 years) and held that it was not necessary to examine separately the complaint regarding the fairness of the proceedings. The Court considered that the question of just satisfaction in respect of the violation of Article 1 of Protocol No. 1 was not ready for decision and accordingly reserved it. As to the violation of Article 6 § 1, it awarded the applicant EUR 7,900 for non-pecuniary damage and EUR 2,000 for costs and expenses. (The judgment is available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)