ECHR Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings
The claimant had terminated a residential lease in 1990. Enforcement of possession orders was not effective because no police assistance was given. She sold the flat in 1996. She now complained that the lack of ways of enforcing the orders for possession interfered with her rights under Article 1 of Protocol 1.
Held: The delay was unreasonable. In the absence of evidence as to pecuniary losses, the court assumed there must be some losses and assessed them equitably at 3,000 Euros comparable with Bottazzi.
Citations:
32391/96, [2002] ECHR 837
Links:
Statutes:
European Convention on Human Rights P1-A1
Citing:
Cited – Bottazzi v Italy ECHR 28-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Housing, Damages
Updated: 06 June 2022; Ref: scu.178583