Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 03/06/2007

Subject: Just satisfaction. In its judgment of 17 May 2005 on the merits the Court noted that the authorities had appropriated the applicants' land in breach of the rules governing expropriation and that the Italian courts had condoned the authorities' unlawful conduct by applying the constructive-expropriation rule. The Court held unanimously that there had been a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights and considered that the question of just satisfaction was not ready for decision. In this judgment the Court noted the existence of a defect within the Italian legal system since a large number of people were in the same position as the applicants, a fact that could give rise to numerous subsequent well-founded applications. It accordingly considered that general measures should be taken by Italy under Article 46 (binding force and execution of judgments). The Court also specified what means should be used to afford full redress for the damage sustained by persons who, like the applicants, were dispossessed of property in a manner that was unlawful in itself.

Parties: Scordino e altri c/ Italia

Classification: Art. 17 Right to property