THIRD SECTION
Applications nos 51414/11 and 46098/12
Michal BALAN and Others against Slovakia
and Karol ČERVENČÍK and Others against Slovakia
lodged on 8 August 2011 and 23 July 2012 respectively
STATEMENT OF FACTS
The applicants are natural or legal 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 Krahulec v. Slovakia (dec.), no. 19294/07, 7 June 2011.
The applicants submit, with reference to the applicable law, that the rent to which they are entitled for letting their property is far below the maintenance costs for their houses and disproportionately low compared with similar flats to which the rent-control scheme does not apply.
By way of example, they point out that the controlled rent in respect of a flat with a surface area of 72.56 square metres has been EUR 71.5 a month, which corresponds to EUR 0.99 per square metre. However, the free-market rent in respect of such a flat was approximately EUR 830 a month, that is EUR 11.4 per square metre.
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
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 Hutten-Czapska v. Poland [GC], no. 35014/97, ECHR 2006 VIII; Ghigo v. Malta, no. 31122/05, 26 September 2006 or Edwards v. Malta, no. 17647/04, 24 October 2006)?
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.
The applicants are requested to submit all relevant documents indicating the financial management of their tenement house during the period of their ownership and, in particular, expenses related to the maintenance and (as the case may be) reparation or modernisation of the house and individual flats.
APPENDIX 1
Application no 51414/11 – list of applicants
Michal BALAN, who was born in 1967 and lives in Bratislava. Jana BALANOVÁ, who was born in 1940 and lives in Bratislava. Allan BÖHM, who was born in 1962 and lives in Bratislava. Soňa BÖHMOVÁ, who was born in 1961 and lives in Bratislava. Emil CINO, who was born in 1955 and lives in Pezinok. Božena CINOVÁ, who was born in 1953 and lives in Pezinok. Alexander ČULEN, who was born in 1967 and lives in Bratislava. Boris ČULEN, who was born in 1974 and lives in Bratislava. Anna ČULENOVÁ, who was born in 1942 and lives in Bratislava.Jozef HLAVAČKA, who was born in 1948 and lives in Bratislava.IBEA, spol. s r.o., a limited liability company with its registered office in Bratislava.Lucia ILLEŠOVÁ, who was born in 1976 and lives in Bratislava.Miroslav KONÔPKA, who was born in 1962 and lives in Bratislava.Mária KUBEŠOVÁ, who was born in 1923 and lives in Bratislava.LINEA, investičné družstvo, an investment co-operative with its registered office in Bratislava.Daniela MOTEŠICKÁ, who was born in 1962 and lives in Bratislava.Jozef MOTEŠICKÝ, who was born in 1972 and lives in Bratislava.ONE WAY Trading, s.r.o., a limited liability company with its registered office in Bratislava.Marek ŠINDELÁR, who was born in 1973 and lives in Bratislava.Eva VALENTOVÁ, who was born in 1946 and lives in Trnava.VETERAN SERVIS spol. s r.o., a limited liability company with its registered office in Bratislava.Pavol ZEMKO, who was born in 1972 and lives in Trnava.
The applicants who are natural persons are Slovak nationals.
APPENDIX 2
Application no 46098/12 – list of applicants
Juraj BARTO, who was born in 1963 and lives in Bratislava. BIELA LABUŤ, s.r.o., a limited liability company with its registered office in Lučenec. Karol ČERVENČÍK, who was born in 1955 and lives in Bratislava. Peter CHALUPA, who was born in 1960 and lives in Bratislava. Robert CHRASTINA, who was born in 1971 and lives in Bratislava. Peter CIRAN, who was born in 1971 and lives in Bystrička. Ján CIRAN, who was born in 1955 and lives in Senica. Štefan CIRAN, who was born in 1931 and lives in Bystrička. Oľga CIRANOVÁ, who was born in 1938 and lives in Bystrička.Eva DZURILLOVÁ, who was born in 1961 and lives in Bratislava.Juraj FOLTÍN, who was born in 1968 and lives in Bratislava.Ľubica GÁLIKOVÁ, who was born in 1946 and lives in Bratislava.Branislav GÁLUS, who was born in 1940 and lives in Brezová pod Bradlom.Anna HUTTOVÁ, who was born in 1952 and lives in Bratislava.Robert KELEMEN, who was born in 1964 and lives in Lučenec.Renáta KELEMENOVÁ, who was born in 1966 and lives in Lučenec.Anna KLANICOVÁ, who was born in 1946 and lives in Brezová pod Bradlom.Ľubica KOCANDOVÁ, who was born in 1965 and lives in Pezinok.Zita KOZLOVÁ, who was born in 1980 and lives in Bratislava.Ida KOZLOVÁ, who was born in 1978 and lives in Bratislava.Juraj LINDAUER, who was born in 1979 and lives in Bratislava.Erika LINDAUEROVÁ, who was born in 1972 and lives in BratislavaMilica MICHALOVÁ, who was born in 1954 and lives in Bratislava.Peter MINÁRIK, who was born in 1948 and lives in Martin.Milan MINÁRIK, who was born in 1952 and lives in Žilina.MINÁRIK, spol. s r.o., a limited liability company with its registered office in Žilina.Elena MINÁRIKOVÁ, who was born in 1953 and lives in Žilina.Kamila MINÁRIKOVÁ, who was born in 1942 and lives in Martin.Darina MORAVITZOVÁ, who was born in 1953 and lives in Bratislava.Zuzana NEMČÍKOVÁ, who was born in 1955 and lives in Bratislava.Dušan NOSKO, who was born in 1967 and lives in Senica.Ivan NOSKO, who was born in 1964 and lives in Senica nad Myjavou.Martin PETRUŠ, who was born in 1975 and lives in Bratislava.Katarína PLEVÁKOVÁ, who was born in 1958 and lives in Bratislava.RR Consulting, s.r.o., a limited liability company with its registered office in Bratislava.Andrej SCHOLTZ, who was born in 1977 and lives in Bratislava.Igor SCHOLTZ, who was born in 1928 and lives in Bratislava.Viera SCHOLTZOVÁ, who was born in 1949 and lives in Bratislava.Elena ŠŤASTNÁ, who was born in 1961 and lives in Bratislava.Mária STRACOVÁ, who was born in 1977 and lives in Bratislava.Marcela SVOBODOVÁ, who was born in 1940 and lives in Praha.Rastislav UHLÁR, who was born in 1978 and lives in Bratislava.Peter WICHNER, who was born in 1951 and lives in Praha.
The applicants who are natural persons are Slovak nationals with the exception of Marcela SVOBODOVÁ and Peter WICHNER, who are Czech nationals.
APPENDIX 3
Application no 51414/11 – Residential buildings owned by the applicants
Applicant
Residential house address
Land Registry Entry
1.
Michal BALAN
Obchodná 19, 811 06 Bratislava
4142
2.
Jana BALANOVÁ
Obchodná 19, 811 06 Bratislava
4142
3.
Allan BÖHM
Medená 18, 811 02 Bratislava
4232
4.
Soňa BÖHMOVÁ
Medená 18, 811 02 Bratislava
4232
5.
Emil CINO
Cajlanská 11, 902 01 Pezinok
377
6.
Božena CINOVÁ
Cajlanská 11, 902 01 Pezinok
377
7.
Alexander ČULEN
Jedlíkova 4, 811 06 Bratislava
4580
8.
Boris ČULEN
Jedlíkova 4, 811 06 Bratislava
4580
9.
Anna ČULENOVÁ
Jedlíkova 4, 811 06 Bratislava
4580
10.
Jozef HLAVAČKA
Štefanovičova 8, 811 04 Bratislava
4212
11.
IBEA, spol. s r.o.
Obchodná 4, 811 06 Bratislava
4369
12.
Lucia ILLEŠOVÁ
Obchodná 19, 811 06 Bratislava
4142
13.
Miroslav KONÔPKA
Okánikova 1-3, 811 04 Bratislava
7227
14.
Mária KUBEŠOVÁ
Banskobystrická 16, 811 06 Bratislava
1129
15.
LINEA, investičné družstvo
Rajská 14, 811 08 Bratislava
8366
16.
Daniela MOTEŠICKÁ
Medená 35, 811 02 Bratislava
212
17.
Jozef MOTEŠICKÝ
Medená 35, 811 02 Bratislava
212
18.
ONE WAY Trading, s.r.o.
Obchodná 19, 811 06 Bratislava
4142
19.
Marek ŠINDELÁR
Mudroňova 33, 811 01 Bratislava
4598
20.
Eva VALENTOVÁ
Štefanovičova 8, 811 04 Bratislava
4212
21.
VETERAN SERVIS spol. s r.o.
Kuzmányho 4, 811 06 Bratislava
3035
22.
Pavol ZEMKO
Kalinčiakova 1, 917 01 Trnava
5489
APPENDIX 4
Application no 46098/12 – Residential buildings owned by the applicants
Applicant
Residential house address
Land Registry Entry
1.
Juraj BARTO
Makovického 10/36, 010 01 Žilina
890
2.
BIELA LABUŤ, s.r.o.
Račianska 53, 831 02 Bratislava
2006
3.
Karol ČERVENČÍK
Sedlárska 10, 811 01 Bratislava
4216
Nedbalova 11, 81101 Bratislava
357
4.
Peter CHALUPA
Panenská 36, 811 03 Bratislava
905
5.
Robert CHRASTINA
Panenská 36, 811 03 Bratislava
905
6.
Peter CIRAN
Blumentálska 6, 811 07 Bratislava
4294
7.
Ján CIRAN
Mariánska 2, 811 08 Bratislava
4447
8.
Štefan CIRAN
Blumentálska 6, 811 07 Bratislava
4294
Mariánska 2, 811 08 Bratislava
4447
9.
Oľga CIRANOVÁ
Mariánska 2, 811 08 Bratislava
4447
10.
Eva DZURILLOVÁ
Červeňova 3, 811 03 Bratislava
864
11.
Juraj FOLTÍN
Panenská 36, 811 03 Bratislava
905
12.
Ľubica GÁLIKOVÁ
Mariánska 2, 811 08 Bratislava
4447
13.
Branislav GÁLUS
Mariánska 2, 811 08 Bratislava
4447
14.
Anna HUTTOVÁ
Sedlárska 10, 811 01 Bratislava
4216
Nedbalova 11, 81101 Bratislava
357
15.
Robert KELEMEN
Račianska 53, 831 02 Bratislava
2006
16.
Renáta KELEMENOVÁ
Račianska 53, 831 02 Bratislava
2006
17.
Anna KLANICOVÁ
Mariánska 2, 811 08 Bratislava
4447
18.
Ľubica KOCANDOVÁ
Mariánska 2, 811 08 Bratislava
4447
19.
Zita KOZLOVÁ
Grösslingová 21, 811 09 Bratislava
4426
20.
Ida KOZLOVÁ
Grösslingová 21, 811 09 Bratislava
4426
21.
Juraj LINDAUER
Červeňova 3, 811 03 Bratislava
864
22.
Erika LINDAUEROVÁ
Červeňova 3, 811 03 Bratislava
864
23.
Milica MICHALOVÁ
Mariánska 2, 811 08 Bratislava
4447
24.
Peter MINÁRIK
Makovického 8, 010 01 Žilina
5205
25.
Milan MINÁRIK
Makovického 8, 010 01 Žilina
5205
26.
MINÁRIK, spol. s r.o.
Makovického 8, 010 01 Žilina
5205
27.
Elena MINÁRIKOVÁ
Makovického 8, 010 01 Žilina
5205
28.
Kamila MINÁRIKOVÁ
Makovického 8, 010 01 Žilina
5205
29.
Darina MORAVITZOVÁ
Mariánska 2, 811 08 Bratislava
4447
30.
Zuzana NEMČÍKOVÁ
Panenská 36, 811 03 Bratislava
905
31.
Dušan NOSKO
Mariánska 2, 811 08 Bratislava
4447
32.
Ivan NOSKO
Mariánska 2, 811 08 Bratislava
4447
33.
Martin PETRUŠ
Panenská 36, 811 03 Bratislava
905
34.
Katarína PLEVÁKOVÁ
Červeňova 3, 811 03 Bratislava
864
35.
RR Consulting, s.r.o.
Špitálska 2/A, 811 08 Bratislava
4093
36.
Andrej SCHOLTZ
Panenská 36, 811 03 Bratislava
905
37.
Igor SCHOLTZ
Panenská 36, 811 03 Bratislava
905
38.
Viera SCHOLTZOVÁ
Panenská 36, 811 03 Bratislava
905
39.
Elena ŠŤASTNÁ
Makovického 10/36, 010 01 Žilina
890
40.
Mária STRACOVÁ
Grösslingová 21, 811 09 Bratislava
4426
41.
Marcela SVOBODOVÁ
Panenská 36, 811 03 Bratislava
905
42.
Rastislav UHLÁR
Grösslingová 21, 811 09 Bratislava
4426
43.
Peter WICHNER
Makovického 10/36, 010 01 Žilina
890
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