In the following cases the Court has reached the same findings as in similar cases raising the same issues under the Convention:
Filomena Izzo is an Italian national who was born in 1939 and lives in Paupisi (Italy).
She owned land that was occupied by the authorities with a view to expropriation and on which they commenced building works. She issued proceedings for damages for unlawful occupation of the land after the authorities failed to issue a formal expropriation order or to pay her compensation.
In her application to the Court, she alleged that the occupation of her land had infringed her right to the peaceful enjoyment of her possessions, as guaranteed by Article 1 of Protocol No. 1 (protection of property).
The Court found that the fact that she no longer had any possibility of using the land, coupled with her inability to remedy that situation, amounted to constructive expropriation that was incompatible with her right to the peaceful enjoyment of her possessions. It therefore held unanimously that there had been a violation of Article 1 of Protocol No 1. It held that the question of the application of Article 41 (just satisfaction) was not ready for decision and accordingly reserved it. (The judgment is available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)