Communicated on 18 June 2018
FIRST SECTION
Application no. 14696/10
Pierina QUAGLIA and Others
against Italy
lodged on 2 March 2010
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. 359 of 1992, 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; De Caterina and Others v. Italy, no. 65278/01, 28 June 2011; and Messana v. Italy, no. 26128/04, 9 February 2017)?
2. Having regard to the amount of compensation awarded to the applicants, did that amount reflect the market value of the property at the time the applicants lost their right of ownership, adjusted for inflation and increased by the amount of interest due (see Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858/00, § 105, 22 December 2009)?
3. 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. 359/1992?
LIST OF APPLICANTS
No.
Firstname LASTNAME
Birth year
Place of residence
Representative
Pierina QUAGLIA
1928
Fabriano
B. Forte
Ersilio POSSANZA
1963
Fabriano
B. Forte
Franco POSSANZA
1956
Fabriano
B. Forte
Abdenago QUAGLIA
1950
Fabriano
B. Forte
Alessandro RIPANTI
1958
Fabriano
B. Forte
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