The applicant asserted that his rights had been infringed by the prolonged delay in returning to him possession of an apartment he had let. It had taken from 1993 to April 2001 to complete the judicial proceedings.
Held: The court had no reason to differentiate between this and earlier similar cases, and found a breach, but he claimant still had the right to pursue an action for rent arrears and that part of the claim was not established.
Hudoc 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 – domestic proceedings ; Costs and expenses partial award – Convention proceedings
Citations:
58408/00, [2003] ECHR 431
Links:
Statutes:
European Convention on Human Rights P1A1 6
Jurisdiction:
Human Rights
Citing:
Cited – Immobiliare Saffi v Italy ECHR 28-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention . .
Cited – Lunari v Italy ECHR 11-Jan-2001
. .
Cited – Palumbo v Italy ECHR 30-Nov-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of P1-1; Violation of Art. 6-1; No violation of Art. 14+P1-1; Pecuniary damage – financial award; . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 17 June 2022; Ref: scu.185116