Published on 5 April 2021
THIRD SECTION
Application no. 65774/14
Dashuri LLAGAMI and Others
against Albania
lodged on 18 September 2014
communicated on 16 March 2021
SUBJECT MATTER OF THE CASE
In 2009 the Tirana Court of Appeal gave a decision finding that the applicants were the lawful owners of a plot of land, parts of which the authorities had used for the construction of the Tirana ring road. The court, while holding that there had been an expropriation of the applicants’ property in the public interest, further determined that the value of compensation was to be calculated by reference to the land price in 2001, when the authorities had commenced the expropriation procedure but not finalised it by means of a Government decision. The decision was upheld on appeal by the Supreme Court and the Constitutional Court in 2011 and 2014.
The application therefore concerns a complaint under Article 1 of Protocol No. 1 regarding the allegedly unlawful expropriation of parts of the applicants’ plot of land for the construction of the Tirana ring road and the determination of the corresponding amount of compensation.
The applicants’ names are set out in the Appendix.
QUESTIONS TO THE PARTIES
Has there been a breach of the applicants’ rights under Article 1 of Protocol No. 1 to the Convention? In this connection:
(a) When were the applicants deprived of their property?
(b) Was the deprivation of the applicants’ property lawful (see, amongst other authorities, Vistiņš and Perepjolkins v. Latvia [GC], no. 71243/01, §§ 95-99, 25 October 2012)? In particular, did the authorities comply with the expropriation procedure prescribed for by the applicable domestic law?
The parties are invited to describe the applicable domestic procedure for expropriations in the public interest and submit the supporting documents relevant to the proceedings in question.
(c) Was the interference with the applicants’ property rights proportionate? In particular, in determining the amount of compensation, has a “fair balance” been struck between the demands of the general interest of the community and the requirements of the protection of the applicants’rights (see Vistiņš and Perepjolkins v. Latvia, cited above, §§ 110-14, and Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858/00, §§ 98-105, 22 December 2009)?
APPENDIX
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
Dashuri LLAGAMI
1949
Albanian
Tirana
2.
Suzana
HAVERI (LLAGAMI) died in 2015
Heir:
Miranda NOSI (LLAGAMI)
1927
Albanian
Tirana
3.
Meleqe KODRA (LLAGAMI)
1931
Albanian
Tirana
4.
Bardhyl LLAGAMI
1942
Albanian
Tirana
5.
Dylbere LLAGAMI
1955
Albanian
Tirana
6.
Fatri LLAGAMI died in 2014
Heirs:
Bedar LLAGAMI, and
Etleva BELIU (LLAGAMI)
1933
Albanian
Tirana
7.
Qemal LLAGAMI
1928
Albanian
Tirana
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