Communicated on 12 February 2018
FIRST SECTION
Application no. 22915/09
Nicolo’ BRESCIANO and Others
against Italy
lodged on 28 April 2009
SUBJECT MATTER OF THE CASE
The case concerns the deprivation of the applicants’ land through the application of the constructive-expropriation rule (“accessione invertita” or “occupazione acquisitiva” ) by the domestic courts and the retrospective application of Law no. 662 of 23 December 1996, which reduced the amount of compensation due to the applicants for the dispossession of their property.
QUESTIONS tO THE PARTIES
1. Have the applicants been deprived of their possessions in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 (see, amongst many other authorities, Guiso-Gallisay v. Italy, no. 58858/00, 8 December 2005; Rivera and di Bonaventura v. Italy, no. 63869/00, 14 June 2011; De Caterina and Others v. Italy, no. 65278/01, 28 June 2011; and Messana v. Italy, no. 26128/04, 9 February 2017)?
2. Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was there interference by the legislature with the administration of justice designed to influence the judicial determination of a dispute on account of the retrospective application to their case of Law no. 662 of 23 December 1996?
No.
Firstname LASTNAME
Birth year
Place of residence
Representative
Nicolo’ BRESCIANO
1938
Imperia
M. De Stefano
Giovanna BRESCIANO
1943
Genova
M. De Stefano
Anna Maria DE LUCIA
1936
Alassio
M. De Stefano
Full & Egal Universal Law Academy