In these two Italian cases, the applicants complained about their prolonged inability, in the absence of assistance from the police, to recover possession of their flats and about the length of the eviction proceedings. They relied on Article 6 § 1 (right to a fair hearing within a reasonable time) and Article 1 of Protocol No. 1 (protection of property).
The cases were struck out of the list following friendly settlements in which EUR 10,000 was to be paid to Mr Comellini and EUR 9,905 to Mr Otello de Luca. (The judgments are available only in French.)
The four applicants, Italian nationals, used to own land in Macerata. The authorities took possession of the land with a view to expropriating it and began to carry out building work on it. Since no expropriation order had been issued and no compensation paid, the applicants brought proceedings seeking damages for the unlawful occupancy of their land.
The applicants alleged that the occupancy of their land had infringed their right to the peaceful enjoyment of their possessions under Article 1 of Protocol No. 1 (protection of property).
The Court considered that the loss of all ability to dispose of their land, taken together with the impossibility of remedying the situation, amounted to de facto expropriation, in breach of the applicants’ right to peaceful enjoyment of their 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 ready for decision and consequently reserved it. (The judgment is available only in French.)
(estratto dal sito della Corte europea dei diritti dell’uomo)