The ECHR revealed 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 revealed a violation of the requirements of Article 1 of Protocol No. 1 to the Convention for the P Сведения: 2019-04-21 06:23:10

ECHR judgment of October 16, 2018 in the case of Fox (Foks) v. Russia (application N 5582/12).

The case was successfully considered the applicant's application about the deprivation of his ownership of the apartment due to the fact that the person who sold him the apartment had no rights to it, as well as the establishment of this fact after the applicant's ownership of the apartment was registered by the authorities. The case has violated the requirements of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2012, the complainant was assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.

In his application, the Complainant, an Israeli citizen who was a bona fide purchaser of an apartment, complained that he was deprived of his property due to the fact that the person who sold him the apartment did not have rights to it. This fact was established only after the applicant's title to the apartment was registered by the Moscow authorities.

On 16 October 2018, on a application filed by the applicant, the European Court unanimously decided that in the present case the authorities violated the requirements of Article 1 of Protocol No. 1 to the Convention (protection of property), and ordered the respondent state to pay the applicant EUR 144,997 in compensation for material damage and 5,000 euros in respect of non-pecuniary damage.

 

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