CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 30 September 2024   SECOND SECTION Application no. 47417/21 Maria Concetta Sive Connie DEGUARA CARUANA GATTO against Malta lodged on 23 September 2021 communicated on 11 September 2024 SUBJECT MATTER OF THE CASE The application concerns a unilaterally imposed lease under Chapter 69 of the Laws of Malta. The applicant became the sole owner of a property in Kalkara in 2016 (following a contract of division dividing the inheritance left by her mother in May 2014 to her three children as universal heirs). The property had been leased out for 100 euros (EUR) ( sic ) annually, in 1989. In 2009 the rent payable was EUR 185 and in 2021 it was EUR 210. According to the court-appointed expert the rental value in 1987 was EUR 1,048, in 1993 EUR   1,747, in 1999 EUR 2,795, in 2005 EUR 5,939, in 2011 EUR   10,500 and in 2017 EUR 12,000. The applicant instituted constitutional redress proceedings complaining about a violation of Article 1 of Protocol No. 1 to the Convention in her respect and claiming damage in her respect (“ fil konfront tar-rikorrenti ”). Her affidavit to the court was also filed in the same terms. By a judgment of 29 April 2021, the Civil Court (first hall) found a violation of Article 1 of Protocol No. 1 and awarded the applicant EUR   12,500 in pecuniary damage and EUR 1,500 in non-pecuniary damage. In calculating compensation, the Civil Court considered that it could only make an award for the period following which the applicant became an owner. No costs were to be paid by the applicant. By a judgment of 27 March 2023 the Rent Regulation Board (RRB) ordered that the tenant be evicted within a period of three months. The judgment was confirmed on appeal on 3 April 2024. Relying on Article 1 of Protocol No. 1 to the Convention the applicant complains that the domestic court had not remedied the violation of that provision due to the lack of appropriate compensation, the lack of an eviction order or any other order capable of bringing the violation to an end. QUESTION TO THE PARTIES Has there been a violation of Article 1 of Protocol No. 1 to the Convention in the present case (see, inter alia , Amato Gauci v.   Malta , no.   47045/06, 15   September 2009)?