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
Immobiliare Podere Trieste s.r.l. v. Italy (no. 19041/04)
Rita Ippoliti v. Italy (no. 162/04)
Trapani Lombardo and Others v. Italy (no. 25106/03)
In these three cases the applicants owned land which was occupied by the authorities with a view to its expropriation and on which building work was begun. In the absence of formal expropriation and compensation, the applicants brought proceedings seeking damages for the unlawful occupation of their land.
The applicants complained under Article 1 of Protocol No. 1 (protection of property) and Article 6 § 1 (right to a fair hearing) of the occupation of their land.
The Court considered that the applicants’ loss of all ability to dispose of the land, coupled with the lack of a remedy, amounted to a de facto expropriation that was incompatible with their right to the peaceful enjoyment of their possessions. It therefore held unanimously that there had been a violation of Article 1 of Protocol No. 1 and that it was not necessary to examine the complaint under Article 6 § 1. The Court considered that the question of the application of Article 41 (just satisfaction) was not ready for decision and accordingly reserved it. (The judgments are available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)