The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the Prot Сведения: 2018-12-17 08:14:27

The case successfully examined the complaint of the applicant company, which has its seat in Moscow, in particular, that the court’s rejection of claims for compensation for damage caused by the seizure and retention of its property by state bodies, as well as the subsequent loss of this property, violated her right to respect for property. The case has violated the requirements of Article 1 (protection of property) of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2008, the applicant company was assisted in the preparation of the application. Subsequently, the application was communicated to the Russian Federation.

In its complaint, the applicant company, having its seat in Moscow, complained, in particular, that the court’s rejection of claims for compensation for harm caused by the withdrawal and retention of property by state authorities, as well as the subsequent loss of this property, violated her right to respect for property, guaranteed by Article 1 of Protocol No. 1 to the Convention.

On 29 May 2018 on the complaint filed by the applicant company, the European Court unanimously declared the complaint admissible for consideration on the merits, and also acknowledged that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the Convention. The European Court ruled that the finding of a violation of the Convention was a fairly fair compensation for non-pecuniary damage caused to the applicant company, and ordered the respondent state to pay the applicant company 34,000 euros in compensation for material damage at the exchange rate set at day of payment, as well as any tax that may be charged on the specified amount.

ECHR Ordinance of May 29, 2018 in the case of KD-Consulting LLC (OOO KD-Konsalting) against the Russian Federation (application No. 17512/08).

 

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