The applicant company is a legal entity whose registered office is in Milan (Italy).
It formerly owned a piece of land measuring more than 24,000 square metres in area in Cerro Maggiore. That land was occupied by the administrative authorities with a view to its expropriation and construction work was begun on it. In the absence of formal expropriation and compensation, the applicant company brought an action seeking damages for the illegal occupation of its land.
It alleged that the occupation of its land had infringed its right to the peaceful enjoyment of its possessions guaranteed by Article 1 of Protocol No. 1 (protection of property).
The Court considered that the loss of any power to dispose of the land in question, together with the impossibility of securing redress, amounted to a de facto expropriation incompatible with the applicant company’s right to the peaceful enjoyment of its possessions. It therefore held unanimously that there had been a violation of Article 1 of Protocol No. 1. The Court considered that the question of the application of Article 41 (just satisfaction) was not yet ready for decision and therefore reserved it. (The judgment is available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)