Violation of Article 1 of Protocol No. 1
Capoccia v. Italy (no. 30227/03)
De Nigris v. Italy (No. 1) (no. 41248/04)
Fendi and Speroni v. Italy (no. 37338/03)
Gianazza v. Italy (no. 69878/01)
Labbruzzo v. Italy (no. 10022/02)
Medici and Others v. Italy (no. 70508/01)
Messeni Nemagna and Others v. Italy (no. 9512/04)
Notarnicola v. Italy (no. 64264/01)
Preziosi v. Italy (no. 67125/01)
Spampinato v. Italy (no. 69872/01)
In these ten cases, the applicants were all owners of plots of land which were occupied by the authorities with a view to their 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 maintained that the occupation of their land had violated their right to peaceful enjoyment of their possessions, guaranteed by Article 1 of Protocol No. 1 (protection of property). In Capoccia, Fendi and Speroni, Gianazza, Notarnicola, Preziosi and Spampinato, they also alleged a violation of Article 6 § 1 (right to a fair hearing).
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 in each of these ten cases. It also held that it was unnecessary to examine the complaint under Article 6. 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)