HAVET & VANHUFFEL – Association d’avocats
Two groups of applicants had brought their cases before the Court.
The first group consists of the perpetrators of the offense sentenced by the Italian courts to confiscation. The second group consists of a person who purchased an apartment in the project that is confiscated. They are subject to the effects of the judgments without having been a party to them.
The Court held that two articles of the Convention had been violated: Article 7, which enshrines the principle of the legality of penalties, and Article 1 of Protocol No. 1, which guarantees the right to property.
The first group consisted of the perpetrators of the offence. The Court found that they could not rely on the protection of Article 7, since the domestic provisions defining the offence of unlawful land development were sufficiently foreseeable in their regard. However, it held that Article 1 of Protocol No. 1 had been violated, as the national courts had ordered the confiscation of all the plots of land (covering 97,000 m²), even though the illegally constructed and sold buildings occupied an area of less than 300 m² — an excessive and disproportionate burden on the applicants.
As for the purchasers of apartments in one of the buildings within the project, the Court found that Article 7 had been violated with respect to this second group of applicants. They had been subjected to a penalty even though they had not taken part in the criminal proceedings and had never been formally charged with any offence. The Court further held that the procedural safeguards inherent in Article 1 of Protocol No. 1 had not been respected, as they had no opportunity to take part in the proceedings that led to the confiscation of their property.
The Court ordered Italy to return the confiscated property to the applicants.
To access to de judgment, follow the link : https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-245110%22]}.