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
The applicants are both Italian nationals: Davide Capozzi was born in 1927 and lives in Rome, and Francesco Janes Carratù was born in 1944 and lives in Naples (Italy). Mr Capozzi and his two sisters owned a plot of ground, measuring 6,260 square metres, located in Sant’Angelo a Cupolo; Mr Janes Carratù owned building land located in Montoro Inferiore.
Those plots of land were occupied by the authorities with a view to their expropriation and construction work was begun. In the absence of a formal expropriation procedure and compensation, the applicants brought proceedings to obtain damages for the unlawful occupation of their land.
The applicants alleged that the occupation of their land had infringed their right to the peaceful enjoyment of their possessions, as guaranteed by Article 1 of Protocol No. 1 (protection of property). In the case of Janes Carratù v. Italy, the applicant also relied on Article 6 § 1 (right to a fair hearing).
The Court considered that the loss of all ability to dispose of the land in issue, taken together with the impossibility of remedying the situation, amounted to a de facto expropriation that was incompatible with the applicants’ right to the peaceful enjoyment of their possessions. It therefore concluded, unanimously in each case, that there had been a violation of Article 1 of Protocol No. 1 and considered that it was not necessary to examine separately the complaint under Article 6 § 1 in the case of Janes Carratù v. Italy. The Court considered that the question of the application of Article 41 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)