Information Note on the Court’s case-law 18
May 2000
A.O. v. Italy - 22534/93
Judgment 30.5.2000 [Section II]
Article 1 of Protocol No. 1
Article 1 para. 2 of Protocol No. 1
Control of the use of property
Staggering of the granting of police assistance to enforce eviction order: violation
Facts: The applicant served a notice to quit on the tenant of an apartment which he owned. In April 1987 a magistrate confirmed the notice to quit and ordered the tenant to vacate the premises. A bailiff subsequently attempted on nine occasions to enforce the eviction order, but was unsuccessful since, as a result of the statutory provisions on the suspension and staggering of evictions, the applicant was not entitled to police assistance. The applicant finally recovered possession in 1995.
Law: Government’s preliminary objection - The Court recalled that it had found in the case of Immobiliare Saffi (judgment of 28 July 1999) that challenging the refusal of police assistance in the administrative courts was not an effect remedy. In the absence of any new arguments, it saw no reason to reach a different conclusion in this case.
Article 1 of Protocol No. 1 - The interference with the applicant’s property rights constituted a control of use which had a legitimate aim in the general interest. However, the applicant had for several years been in a state of uncertainty as to when he would recover possession and he could not apply to either the judge dealing with the enforcement proceedings or to the administrative court and had no prospects of obtaining compensation through the courts. An excessive burden had therefore been placed on him and the balance between his rights and the general interest had been upset.
Article 41 - The Court awarded the applicant 50 million lire (ITL) in respect of pecuniary damage and 6 million lire in respect of non-pecuniary damage. It also made an award in respect of costs.
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This summary by the Registry does not bind the Court.
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