FIFTH SECTION

FINAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 30021/03
by Bohumila MYŠÁKOVÁ
against the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 10 June 2008 as a Chamber composed of:

Peer Lorenzen, President,
Rait Maruste,
Karel Jungwiert,
Volodymyr Butkevych,
Mark Villiger,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 12 September 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the partial decision of 28 March 2006,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Bohumila Myšáková, is a Czech national who was born in 1924 and lives in Prague. She was represented before the Court by Mr M. Červinka, a lawyer practising in Prague. The Czech Government (“the Government”) were represented by their Agent, Mr V. A. Schorm, from the Ministry of Justice.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 8 October 1991 the applicant and her two sisters, relying on the Land Ownership Act, invited the Prague-West Land Office (pozemkový úřad) to transfer into their ownership three plots of land which had been expropriated from their mother in 1949 and, some of them, had been transferred to the ownership of natural persons in an assignment procedure.

On 15 May 1995 the applicant signed an agreement with her two sisters, who disclaimed their restitution rights in her favour.

The applicant entered into restitution agreements with the Prague-West D