In the following cases the Court has reached the same findings as in similar cases raising the same issues under the Convention:
Violation of Article 1 of Protocol No.1
Binotti v. Italy (no. 71603/01)
Colacrai v. Italy (no. 63296/00)
Colazzo v. Italy (no. 63633/00)
Fiore v. Italy (no. 63864/00)
La Rosa and Alba v. Italy (no. 63238/00)
Maselli v. Italy (no. 63866/00)
De Pascale v. Italy (no. 71175/01)
Serrao v. Italy (no. 67198/01)
In these eight cases the authorities took possession of land belonging to the applicants with a view to expropriating it and began to carry out building work on the different plots. Since no expropriation order was issued and no compensation paid to the applicants, they brought proceedings to obtain damages for the unlawful occupancy of their land.
The applicants submitted that the occupancy of their land had breached their right to peaceful enjoyment of their property under Article 1 of Protocol No. 1 (protection of property). Mrs Binotti also alleged a breach of Article 6 § 1 (access to court).
The Court considered that the loss of possession of the land at issue, combined with the lack of remedies to redress the situation, amounted to de facto expropriation in breach of the applicants’ right to peaceful enjoyment of their property. It accordingly held, unanimously in each of the eight cases, that there had been a violation of Article 1 of Protocol No. 1. It also considered that it was unnecessary to examine separately the complaint submitted by Mrs Binotti under Article 6 § 1. Except in the case of Serrao v. Italy, where the applicant had made no such claim, the Court considered that the question of the application of Article 41 (just satisfaction) was not ready for decision and that it should accordingly be reserved. (The judgments are available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)