CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 27 mars 2003
- ECLI
- ECLI:CEDH:003-714558-724017
- Date
- 27 mars 2003
- Publication
- 27 mars 2003
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     163   27.3.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF SCORDINO AND OTHERS v. ITALY   Thursday 27 March 2003 at 2.30 p.m.   The applicants   The case concerns an application (no. 36813/97) brought by four Italian nationals, Giovanni, Elena, Maria and Giuliana Scordino, born in 1959, 1949, 1951 and 1953 respectively and living in Reggio Calabria. Having originally been designated by the initials G.S. and Others, the applicants subsequently agreed to the disclosure of their names.   Summary of the facts   The applicants inherited 1,784 square metres of land in Reggio Calabria which was subject to an expropriation permit for houses to be built there. A cooperative society called Edilizia Aquila, which was chosen by the municipality to undertake the building works, was authorised by the authorities to occupy the land in March 1981. On 21 March 1983 the Region passed a decree expropriating the land. In August 1984 the former owner of the expropriated land requested the municipality to determine the final amount of expropriation compensation. This was determined by a decree of 6 October 1989 in the sum of 88,414,940   Italian lire (ITL), which was ITL   50,000 per square metre.   The owner of the expropriated land challenged that amount of compensation on 25 May 1990 in proceedings against the municipality and the cooperative in the Reggio Calabria Court of Appeal. He submitted that the compensation was ridiculously low; that no compensation had been determined for the period of occupation prior to the expropriation; and that, on account of the building works, 1,500 square metres of extra land which had become unusable should also be deemed to have been expropriated.   The owner of the expropriated land died on 30 November 1992, whereupon the applicants took over the proceedings. Following the entry into force of Law no. 359 of 1992, the court instructed a new expert to determine the expropriation compensation in accordance with the criteria introduced by that new Law. In a judgment of 17 July 1996, the Court of Appeal ordered the municipality and the cooperative to pay the applicants compensation of ITL   148,041, 540 (which was ITL 82,890 per square metre), ITL 91,774, 043 for the land which had not been expropriated but had become unusable, and compensation for the period of occupation prior to expropriation. On an appeal by the cooperative, the Court of Cassation gave judgment on 3 August 1998, deposited with the Registry on 7 December 1998, acknowledging that the cooperative was not formally a party to the expropriation despite the fact that it benefited from it and upholding the remainder of the Court of Appeal’s judgment.         Complaints   Relying on Article 6 § 1 (right to a fair trial within a reasonable time) of the European Convention on Human Rights, the applicants complain of the length of the compensation proceedings following the expropriation of their land. They also complain, under Article 1 of Protocol No. 1 (protection of property), of an infringement of their right to peaceful enjoyment of their possessions on account of the time taken to pay them the expropriation compensation and the effect of the entry into force during the proceedings of Law no. 359 of 1992.   Procedure   The application was lodged with the European Commission of Human Rights on 21 July 1993 and transmitted to the Court on 1 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Giovanni Bonello (Maltese), Peer Lorenzen (Danish), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), Elisabeth Steiner (Austrian), judges , Mariavaleria Del Tufo (Italian) , ad hoc judge , Françoise Tulkens (Belgian) , Egil Levits (Latvian) , Anatoli Kovler (Russian) , substitute judges , and also Erik Fribergh , Deputy Registrar .   Representatives of the parties   Government:   Francesco Crisafulli , Agent ;   Applicants:   Nicolò Paoletti and Alessandra Mari , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility - and, if appropriate, a judgment - will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (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.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 27 mars 2003
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-714558-724017
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