Communicated on 11 March 2019
FIRST SECTION
Application no. 43887/04
Agata D’ADDONA
against Italy
lodged on 25 June 1999
SUBJECT MATTER OF THE CASE
The case concerns the deprivation of the applicant’s land through the application of the constructive‑expropriation rule (“accessione invertita” or “occupazione acquisitiva”) by the domestic courts. In a judgment delivered in March 2005, further to an action in damages brought by the applicant in 1992, the Benevento District Court ordered the Casalduni Municipality to pay the applicant damages calculated in accordance with Article 5 bis of Law No. 359 of 1992. The applicant received the payment of a first portion of the sum due to her in 2009 but was unable to obtain the payment of the remaining amount on account of the Municipality’s state of insolvency.
QUESTIONS tO THE PARTIES
1. Has the applicant been deprived of her 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, Messana v. Italy, no. 26128/04, 9 February 2017)?
2. In light of the Court’s case‑law (in particular, De Luca v. Italy, no. 43870/04, 24 September 2013 and Pennino v. Italy, no. 43892/04, 24 September 2013) has there been a violation of Article 1 of Protocol No. 1 on account of the state of insolvency declared by the applicant’s debtor, the Casalduni Municipality, which prevented the applicant from collecting a sum that was owed to her?
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