Communicated on 29 September 2018
FOURTH SECTION
Application no. 39479/18
KREMELSON INVEST KFT and others
against Hungary
lodged on 14 August 2018
SUBJECT MATTER OF THE CASE
The application concerns the removal of licences from companies involved in developing and operating entertainment arcades and other gaming arcades in Hungary following legislative changes.
A previous application concerning the same issue was rejected as inadmissible on 8 September 2015 for non-exhaustion of domestic remedies (see Laurus Invest Hungary Kft and Others v. Hungary (dec.), nos. 23265/13, 23853/13, 24262/13, 25087/13, 25095/13 and 25102/13, 8 September 2015). Subsequently, the applicant companies brought an action in damages against the respondent State, to no avail.
QUESTIONS tO THE PARTIES
1. Was the impugned measure in compliance with the requirements of Article 1 of Protocol No. 1?
In particular, did the licences in question constitute possessions (see Vékony v. Hungary, no. 65681/13, § 29, 13 January 2015; Rosenzweig and Bonded Warehouses Ltd v. Poland, no. 51728/99, 28 July 2005; and Tre Traktörer AB v. Sweden, 7 July 1989, Series A no. 159)?
Can the measures be justified under the “general interest” clause of Article 1 of Protocol No. 1?
Were the requirements of lawfulness met (see, mutatis mutandis, Capital Bank AD v. Bulgaria, no. 49429/99, ECHR 2005‑XII (extracts))?
Were there any circumstances under which the lack of compensation for the revocation of licences could be justified under Article 1 of Protocol No. 1?
2. Did the applicant companies suffer discrimination in the enjoyment of their property rights, contrary to Article 14 of the Convention, read in conjunction with Article 1 of Protocol No. 1, given that casinos were not subjected to the impugned measure?
Appendix
LIST OF APPLICANTS
1. KREMELSON INVEST Kft. is a Hungarian limited liability company having its seat in Budapest
2. LIXUS Kft. “f.a.” is a Hungarian limited liability company under liquidation, having its seat in Budapest
3. LIXUS PROJEKT Kft. “f.a.” is a Hungarian limited liability company under liquidation, having its seat in Budapest
4. LIXUS INVEST Kft. is a Hungarian limited liability company having its seat in Budapest
The applicant companies are represented by Mr L.A. Kelemen, a lawyer practising in Budapest.
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