Communicated on 20 June 2019
FIFTH SECTION
Application no. 28407/19
LTD ‘BEQANASI’
against Georgia
lodged on 23 April 2019
SUBJECT MATTER OF THE CASE
The application concerns the confiscation of the applicant company’s tractor to the benefit of the State as it was classified as an “instrument of crime.” In particular, the applicant company was found liable in the framework of administrative offence proceedings for exploiting natural resources without a licence. The company was ordered to pay a fine in the amount of 1000 Georgian Laris (“GEL”) and an additional sum of 201 GEL, which amounted to the damage they had caused to the environment. The applicant company’s tractor was also confiscated as an instrument of a crime.
The applicant company complains under Article 1 of Protocol No. 1 that the confiscation of its tractor was a disproportionate measure.
QUESTION TO THE PARTIES
Did the confiscation measure in the present case constitute an interference with the peaceful enjoyment of the applicant company’s possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that measure lawful? Did it strike the requisite fair balance between the general interests of the community and the protection of the applicant’s right to the enjoyment of its property? In this regard, can it be regarded as a proportionate interference?
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