Date of the decision: 5 July 2016. Final judgement 05 October 2016

 

Jurisdiction: Council of Europe – European Court of Human Rights

 

Country: Slovakia

 

SubjectThe applicants alleged that a rent-control scheme had imposed restrictions on their right to peaceful enjoyment of their possessions, in breach of Article 1 of Protocol No. 1 to the Convention.

 

Legal basis:

The Court observes that under the applicable legislation the level of regulated rent gradually increased over the years (see Bittó and Others (merits),  §§ 56-57), which naturally had an impact on the difference between the regulated rent and the market rent. In this connection the Court observes that the Government made no submissions in respect of the difference between the regulated rent and the market rent in the period preceding the gradual increases in regulated rent (see paragraph 29 above), that they submitted nothing to rebut the applicants’ claim in that respect, and that there is no indication that the gradual increases in the regulated rent referred to above may serve as a basis for obtaining compensation for use of the property under the rent-control scheme with any retrospective effect.

 

To learn more: http://hudoc.echr.coe.int/eng?i=001-164456

 

Under construction

Jurisdiction: 
Council of Europe - European Court of Human Rights
Article 1 Protocol 1 - Protection of property
Subject: 
case law
Country: