| Title of Document: |
di Belmonte v. Italy - award of compensation for expropriation wrongly subject to a new tax because of the authorities’ delay in paying the award |
| Keywords: |
authorities’ delay , compensation for expropriation, new tax, protection of property |
| Author: |
cmiskp.echr.coe |
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| Codex-online publication date: 03/19/2010 |
| Date of Original Publication: 03/16/2010 |
| Country: Italy |
Summary: The European Court of Human Rights has notified in writing its Chamber judgment in the case of di Belmonte v. Italy . The Court noted that the law had come into force more than seven months after the final assessment, of the amount of compensation for the expropriation. Accordingly, the delay by the authorities in executing that judgment had had a decisive impact on the application of the new tax system.
The Court lastly reiterated that a judgment in which it found a violation imposed on the respondent State a legal obligation to put an end to the violation and make reparation for its consequences in such a way as to restore as far as possible the situation existing before the violation
The Court held , unanimously a violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights.
http://www.codex-online.com/codex/contents.nsf/webArticles/B4A211E7C1D3A912C22576EB0027119F?openDocument |
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