Communicated on 6 April 2018
FIRST SECTION
Application no. 469/08
Umberto LERRO and Others
against Italy
lodged on 27 December 2007
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; and De Caterina and Others v. Italy, no. 65278/01, 28 June 2011)?
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. 662/1996?
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
Umberto LERRO
1948
Italian
NAPOLI
M. De Stefano
Giovanna LERRO
1954
Italian
VILLA CHIARA
M. De Stefano
Raffaello LERRO
1950
Italian
NAPOLI
M. De Stefano
Full & Egal Universal Law Academy