CEDH · CASELAW;COMMUNICATEDCASES;ENG — 31 mai 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic }   Communicated on 31 May 2018   FIRST SECTION Application no. 14805/13 Giancarlo MOGGIAN BARBAN against Italy lodged on 9 February 2013 SUBJECT MATTER OF THE CASE In 1981 the applicant concluded an agreement (“ cessione volontaria ”) for the transfer of a plot of land to the Mirano Municipality, in view of the construction of a road. This agreement formalised the expropriation of the applicant’s land. Pursuant to Law 865 of 1971, the applicant received an advance on the amount of expropriation compensation due to him calculated on the basis of the average agricultural value (“ valore agricolo medio ”) criterion. The applicant contends that this advance payment – which he considers largely inferior to the market value of the land – is the only sum he has received as compensation for the deprivation of his property. QUESTION tO THE PARTIES Has the applicant been deprived of his property in accordance with the requirements of Article 1 of Protocol No. 1? In particular, did the deprivation of property impose an excessive individual burden on the applicant on account of the amount awarded to him as expropriation compensation (see Mason and Others v. Italy , no. 43663/98, 17 May 2005 and Preite v. Italy , no. 28976/05, 17 November 2015)?