CEDH · PRESS;GENERAL;ENG — 13 septembre 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB4D5CB4E { width:4.94pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .s7A5A2521 { font-family:Arial; font-size:10pt; font-weight:bold; font-style:italic } .s2CE7C1B9 { font-family:Arial; font-size:10pt; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     590   13.9.2000   Press release issued by the Registrar   HEARING IN THE CASE OF MALHOUS v. THE CZECH REPUBLIC   Wednesday 13 September 2000 at 9 a.m.   The applicant   The case concerns an application brought by a Czech national, Jan Malhous, who was born in 1920 and died on 1 May 1998. In a letter of 22 February 2000, his nephew and representative, Jan Bouček, indicated that he intended to pursue the proceedings before the European Court of Human Rights.   Summary of the facts   In June 1949, under Law no. 46/1948, the Czech authorities had acquired several plots of land owned by Mr Malhous’ father, without paying him compensation. Mr Malhous inherited his father’s estate in 1977. Mr Bouček says that he is the sole beneficiary under a will made by Mr Malhous. He has issued proceedings before the national courts for a declaration that he is the heir. Those proceedings are still pending.   On 24 June 1991, Law no. 229/1991 ( zákon o půdě – “the Land Ownership Act”) came into force. Under Section 6(1)(b) of that Act, property transferred to the State following confiscation without compensation under Law no. 46/1948, may be returned to its former owner or his or her heirs provided certain conditions are satisfied.   Mr Malhous instituted administrative judicial proceedings for restitution of the land, but only the land in the State’s possession (23,282 sq. m) was returned to him. The other plots of land (125,314 sq. m) were not returned because they had already been assigned to third parties. Mr   Malhous was informed that he was entitled to other plots of land or financial compensation under sections 11(2) and 16(1) of the Land Ownership Act. The proceedings ended with a judgment of the Constitutional Court of 29 November 1995 dismissing his constitutional appeal.   Complaint   Relying on Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights, the applicant complains that his rights of property have been infringed in the proceedings for restitution. The applicant also alleged a violation of Article 6 § 1 (right to a fair trial) of the Convention in the proceedings before the land registry office, the municipal court and the Constitutional Court on the ground that there had been no hearing in public before a court, and he had not been permitted to adduce additional evidence or to contest or reply to the defendants’ case.     Procedure   The application was lodged with the European Commission of Human Rights on 10 May 1996 and has been before the European Court of Human Rights since 1 November 1998. On 11 May 1999 the Chamber composed of members of the Third Section of the Court decided to relinquish jurisdiction in favour of the Grand Chamber.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Benedetto Conforti (Italian), Antonio Pastor Ridruejo (Spanish), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Corneliu Bîrsan (Romanian), Peer Lorenzen (Danish), Karel Jungwiert (Czech), Nicolas Bratza (British), Josep Casadevall (Andorran), Matti Pellonpää (Finnish), Hanne Sophie Greve (Norwegian), András Baka (Hungarian), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), judges , Viera Strážnická (Slovakian), Giovanni Bonello (Maltese), Marc Fischbach , substitute judges , and also Michele de Salvia , Registrar .   Representatives of the parties   Government:   Emerich Slavik , Agent ,   Eva Vachovcova , Alois Dvorak , Yann Lemeux , Counsel ,   Applicant:   Tomaš Schönfeld ,   Přemysl Kubiček , Counsel .   Mr Bouček will also attend the hearing.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91 The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.