Communicated on 19 May 2014
THIRD SECTION
Applications nos 46609/13 and 9892/14
Jerguš BAJZÍK and Others against Slovakia
and Milan KIAČEK and Others against Slovakia
lodged on 28 June 2013 and 22 January 2014 respectively
STATEMENT OF FACTS
The applicants are natural persons whose particulars are set out in Appendices 1 and 2. They are represented before the Court by Mr J. Brichta, a lawyer practising in Bratislava.
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants own residential buildings which comprise flats in respect of which the rent-control scheme has applied (see Appendices 3 and 4). The background and legal framework concerning the control of rent in Slovakia is described in Bittó and Others v. Slovakia, no. 30255/09, §§ 7-16 and 32‑72, 28 January 2014.
The applicants submit that the rent to which they are entitled for letting their property is disproportionately low compared with similar flats to which the rent-control scheme does not apply.
The applicants in application no. 9892/14 indicate, in addition, that the factual and legal position as regards their cases is the same as in the case of Bittó and Others (cited above).
COMPLAINTS
The applicants complain that their rights under Article 1 of Protocol No. 1 have been violated as a result of the implementation of the rent‑control scheme in respect of their property.
The applicants further complain under Article 14 of the Convention that they have been discriminated against in comparison with the owners of similar housing facilities to whom the rent-control scheme does not apply.
QUESTIONS TO THE PARTIES and information requested
1. Has there been an interference with the applicants’ right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference necessary to control the use of property in accordance with the general interest and, in particular, has an excessive individual burden been placed on the applicants as a result of the operation of the legal rules governing rent-control throughout the period of their ownership of the buildings in issue (see also Bittó and Others v. Slovakia, no. 30255/09, 28 January 2014, with further references)?
2. Have the applicants suffered discrimination, contrary to Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1?
The parties are requested to submit information about the difference between the rent which the applicants were able to obtain under the rent-control scheme in respect of their flats during the period of their ownership and the rent which was usually payable in similar flats to which the rent-control scheme did not apply.
Appendix 1
List of applicants
Application no. 46609/13
Mr Jerguš BAJZÍK, who was born in 1971 and lives in Bratislava Ms Viera HROMÁ, who was born in 1955 and lives in Bratislava MsViera HROMCOVÁ, who was born in 1927 and lives in Bratislava Mr Juraj HROMEC, who was born in 1950, lives in Bratislava Mr Marek LIŠKA, who was born in 1951 and lives in Trenčín Ms Judita LOCKE, who was born in 1943 and lives in Stafford, United Kingdom Mr Marian MESZÁROŠ, who was born in 1980 and lives in Salzburg, Austria Mr Juraj ONDREJKOVIČ, who was born in 1980 and lives in Bratislava Mr Pavol ONDREJKOVIČ, who was born in 1983 and lives in BratislavaMr Peter ONDREJKOVIČ, who was born in 1940 and lives in BratislavaMs Alena ONDREJKOVIČOVÁ, who was born in 1951 and lives in BratislavaMr Marian POLAKOVIČ, who was born in 1982 and lives in BratislavaMs Lívia POLAKOVIČOVÁ, who was born in 1993 and lives in BratislavaMr Zdenko RÁČEK, who was born in 1929 and lives in BratislavaMs Jana RÁČKOVÁ, who was born in 1952, lives in BratislavaMs Mária TUPÁ, who was born in 1930 and lives in ŽilinaMs Marta TUPÁ, who was born in 1956 and lives in ŽilinaMr Rudolf TUPÝ, who was born in 1954 and lives in ŽilinaMr Ján VALÁŠEK, who was born in 1944 and lives in TrnavaMr Tomáš VALÁŠEK, who was born in 1972 and lives in BratislavaMr Oliver WEIS, who was born in 1976 and lives in BratislavaMr Tomáš WEIS, who was born in 1950 and lives in BratislavaMs Adriana WEISOVÁ, who was born in 1979 and lives in BorinkaMs Alena WEISOVÁ, who was born in 1955 and lives in Borinka
The applicants in application no. 46609/13 are Slovak nationals with the exception of Ms Judita LOCKE who is a British national.
APPENDIX 2
List of applicants
Application no. 9892/14
Mr Milan KIAČEK, who was born in 1955 and lives in Bratislava Ms Elena KIAČEKOVÁ, who was born in 1927 and lives in Bratislava Ms Aurélia DISCANTINY, who was born in 1924 and lives in Bratislava Mr Dušan FRIČ, who was born in 1950 and lives in Malá Ida Ms Ľubomíra KOZLOVÁ, who was born in 1952 and lives in Bratislava Ms Mária KRÁLIKOVÁ, who was born in 1950 and lives in Banská Bystrica Ms Kristína PALKOVÁ, who was born in 1955 and lives in Košice
The applicants in application no. 9892/14 are Slovak nationals.
APPENDIX 3
Application no. 46609/13 – Residential buildings owned by the applicants
Applicants
Residential house address
Land Registry Entry
1.
Jerguš BAJZÍK
M.R. Štefánika 45, 010 01 Žilina
7649
2.
3.
Ján VALÁŠEK
Tomáš VALÁŠEK
Vlčkova 39, 811 04 Bratislava
2686
4.
Marek LIŠKA
M. Rázusa 10, 911 01 Trenčín
2363
5.
6.
7.
Rudolf TUPÝ
Marta TUPÁ
Mária TUPÁ
Ulica republiky 12, 010 01 Žilina
5968
8.
9.
10.
11.
12.
Zdenko RÁČEK
Viera HROMCOVÁ
Jana RÁČKOVÁ
Juraj HROMEC
Viera HROMÁ
Vajnorská 19, 831 03 Bratislva
1954
13.
14.
15.
16.
17.
Pavol ONDREJKOVIČ
Peter ONDREJKOVIČ
Juraj ONDREJKOVIČ
Alena ONDREJKOVIČOVÁ
Judita LOCKE
Grösslingová 37, 811 09 Bratislava
4131
18.
19.
20.
21.
22.
23.
24.
Tomáš WEIS
Alena WEISOVÁ
Adriana WEISOVÁ
Oliver WEIS
Marian MESZÁROŠ
Lívia POLAKOVIČOVÁ
Marian POLAKOVIČ
Saratovská 4, 841 02 Bratislava
2407
APPENDIX 4
Application no. 9892/14 – Residential buildings owned by the applicants
Applicants
Residential house address
Land Registry Entry
1.
2.
Milan KIAČEK
Elena KIAČEKOVÁ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
3.
Aurélia DISCANTINY
Zámočnícka 11, 811 03 Bratislava
4314
4.
Dušan FRIČ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
5.
Ľubomíra KOZLOVÁ
Grösslingová 21, 811 09 Bratislava
4426
6.
Kristína PALKOVÁ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
7.
Mária KRÁLIKOVÁ
Zámočnícka 11, 811 03 Bratislava
4314
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