Thursday, 2 December 2010

ECHR Backs French Company In Property Row With Armed And Violent Man

A French company denied police assistance to evict the armed and violent former owner of one of its properties has been awarded more than €11,500 in costs and damages.

The decision by judges at the European Court of Human Rights was made known on 2 December.

The Facts: Sud Est Réalisations v. France (no. 6722/05)

The applicant, Sud Est Réalisations, is a limited liability French property company based in Pertuis (France). Relying in particular on Article 1 of Protocol No. 1 (protection of property), the applicant company complained of the refusal, over a period of more than 16 years, to provide police assistance for the eviction from its property of the former owner, a farmer, who was armed and violent and whose wife was seriously ill.

Violation of Article 1 of Protocol No. 1

Just satisfaction: EUR 3,000 (non-pecuniary damage) and EUR 8,588 (costs and expenses)

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