The applicant, Pellegrino Ucci, is an Italian national who was born in 1945 and lives in Benevento (Italy). He was the owner of 55,810 square metres of agricultural land in Benevento. The authorities took possession of the land with a view to its expropriation and commenced building works. In the absence of a compulsory purchase order or any compensation, the applicant brought an action in 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 as guaranteed by Article 1 of Protocol No. 1 (protection of property).
After finding that the applicant’s loss of all ability to dispose of his land, coupled with the lack of any remedy, amounted to de facto expropriation that was incompatible with his right to the peaceful enjoyment of his property, the Court held unanimously that there had been a violation of Article 1 of Protocol No. 1. It reserved the question of the application of Article 41 (just satisfaction), as it considered that it was not ready for decision.
(estratto dal sito della Corte europea dei diritti dell’uomo)