Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Tar Lombardia - Sezione di Brescia

Date: 05/24/2007

Subject: In light of the jurisprudence of the ECHR, the internal accepted practice of “indirect dispossession” appears to be in evident contrast with Art. 1 Protocol 1 to the Convention, since this prevents the legality of a means through which public administrations may compulsorily acquire property to a private asset without a legitimate legal ground. In lack of a decree of dispossession, even if the public work has been carried out, the administration is in permanent wrong by using a property which belongs to a third party. Therefore, the national law which sets a time limitation to the right to obtain compensation for damages, starting from the irreversible transformation of the area, must be disregarded, and the owner able to claim compensation at any time.

Parties: Boschetti Maria / Anas

Original language: Italian

Classification: Freedoms - Art. 17 Right to property

Text