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Case Law 11052/2003 (20/05/2006)

Type: Other

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Civile

Date: 05/20/2006

Subject: Article 5 bis, section 7 bis of law no. 333 of 11 July 1992 violates the principles of a fair trial in so far as it establishes that the rules introduced by it relating to compensation for expropriation of land applies to current cases. More specifically the conditions of equality of the parties before a Court are infringed by the interference of the legislative power in the administration of justice with the intention of influencing the settlement of a category of disputes. Furthermore since this provision grants a form of compensation violating the right to property, thereby being contrary to article 1 of the first protocol of the ECHR, it is in breach of Italy's international obligations.

Parties: Comune di Avellino contro Preziosi

Original language: Italian

Classification: Art. 17 Right to property - Art. 47 Independent and impartial tribunal

Text download Italian

Notices: An identical order was issued through a ruling of 29 May 2006 in Ammirati v Municipal authority of Torre Annunziata