Halabi v. France (application no. 66554/14) [16.05.2019]

 

Date of the decision: May 16th 2019

Subject: In this case, the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 of the European Convention on Human Rights. The case concerns the compatibility of a home visit under the Planning Code with the right to respect for the home as secured under Article 8 of the Convention.

 

In March 2009 two officials from the Grasse Town Planning Department conducted a visit to a property development to inspect building work that had been carried out. The officials drew up a

report noting a number of constructions which were at variance with the building permit and prior declaration of work. The visits took place without prior permission from and in the absence of the

owner or occupier of the premises.

The Court concluded that in the absence of the occupier’s consent – or, failing that, judicial authorisation – and of an effective remedy, the home visit by the planning officials could not be said

to have been proportionate to the legitimate aims pursued.

 

The applicant, Mr Simon Halabi, is a British national who was born in 1958 and lives in London (United Kingdom). On 19 March 2009 two officials from the Grasse Town Planning Department conducted a visit to a property development belonging to the Immofra company, under Article L. 461 1 of the Planning Code, to inspect building work that had been carried out. The officials drew up a report noting a number of constructions which were at variance with the building permit and prior declaration of work. The visits took place without prior permission from and in the absence of the owner or occupier of the premises.

On 31 January 2013 Mr Halabi, the occupier, was placed under formal investigation by the investigating judge for offences including building without planning permission and improper

performance of work subject to a prior declaration. On 8 July 2013 Mr Halabi applied to have the offence report of 19 March 2009 and the entire proceedings declared null and void. The

Investigation Division of the Aix-en-Provence Court of Appeal dismissed his application. Mr Halabi appealed on points of law. The Court of Cassation dismissed the appeal, finding that the authorities had not “used any coercion”.

On 26 January 2017 the Grasse Criminal Court fined the applicant 5,000 euros (EUR) in respect of the offences noted during the visit in question and for other infringements of the Planning Code.

 

Complete text of the ruling: http://hudoc.echr.coe.int/eng?i=001-192987