Communicated on 5 December 2020
Published on 21 December 2020
FIRST SECTION
Application no. 41217/20
TOROMAG, S.R.O. against Slovakia
and 4 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern alleged unlawfulness of a series of measures taken by the Public Health Authority (Úrad verejného zdravotníctva) of Slovakia in the context of prevention of the spreading of the Covid-19 virus. The applicants are the owners of business (fitness centres) which were closed by virtue of the aforementioned measures from March until June 2020. They allege having so incurred pecuniary damage and lost future income as well as clientele. The applications raise issues under Article 1 of Protocol No. 1.
QUESTIONS TO THE PARTIES
1. In view of all the circumstances, including - but not limited to - the nature of the contested measures and the Constitutional Court’s jurisprudence on the judicial review of the so-called general permits (see e.g. the Constitutional Court’s decision I. US 354/08), have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Has there been an interference with the applicants’ right to the peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, did it fulfil the requirements of lawfulness under that Article? Among other aspects, was it accompanied by procedural safeguards inherent in that provision (see Capital Bank AD v. Bulgaria, no. 49429/99, §§ 133-134, ECHR 2005‑XII (extracts), with further references)?
APPENDIX
No.
Application no.
Applicant
Registered seat
1
41217/20
Toromag, s.r.o.
Colný sklad 34
Bystrička 038 04
Slovakia
2
41253/20
Štúdio pohybu BUBEMA, s.r.o.
Hlinská 27
Žilina 010 01
Slovakia
3
41263/20
Retsus s.r.o.
Družstevná 665/6
Čachtice 916 21
Slovakia
4
41271/20
Mikuláš Bado
Ortáše 74
044 44 Ploské
Slovakia
5
49716/20
Peter Marcina
Okružná 1423/18
020 01 Púchov
Slovakia
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