Published on 27 March 2023
THIRD SECTION
Application no. 37068/18
Maria NIKOLAOU and Others
against Cyprus
lodged on 31 July 2018
communicated on 8 March 2023
SUBJECT MATTER OF THE CASE
The application concerns the expropriation of the applicants’ land in 1976 for the creation of an industrial area. The applicants applied to the domestic courts to have the property returned to them claiming that the purpose of the expropriation had not been attained. On 2 February 2018 the Supreme Court, by three votes to two, dismissed the applicants’ appeal.
Relying on Article 1 of Protocol No. 1 the applicants complain that their property had been expropriated without there being a public interest, that it had remained undeveloped for forty-two years while it had been used at times by other individuals for purposes other than those prescribed by the expropriation.
QUESTION TO THE PARTIES
Has there been an interference with the applicants’ peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1? If so, was the interference in the public interest and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1? In particular, 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’ fundamental rights (see, among other authorities, Mifsud and Others v. Malta, no. 38770/17, §§ 59 and 90, 13 October 2020, and Keçecioğlu and Others v. Turkey, no. 37546/02, §§ 25-28, 8 April 2008)?
The Government should specify the use made of the land and produce relevant evidence.
APPENDIX
List of applicants
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Maria NIKOLAOU
1963
Cypriot
Limassol
2.
Elpida DIONYSIOU
1934
Cypriot
Limassol
3.
Chrysis NIKOLAOU
1976
Cypriot
Limassol
4.
Chryso NIKOLAOU
1971
Cypriot
Limassol
5.
Erasmia NIKOLAOU
1941
Cypriot
Limassol
6.
Lena NIKOLAOU
1972
Cypriot
Limassol
7.
Maroula NIKOLAOU
1947
Cypriot
Limassol
8.
Panagiota NIKOLAOU
1969
Cypriot
Limassol
9.
Savvas NIKOLAOU
1931
Cypriot
Limassol
10.
Vasos NIKOLAOU
1960
Cypriot
Limassol