Europe – In a judgment of 21 October 2025 (cases no 31620/15, 34859/15 and 14659/16 Naskov and Others and Others v. North Macedonia), the European Court of Human Rights, ruling on the question of material damage suffered by applicants as a result of a restitution order which had deprived them of the possibility of taking possession of a plot of land, annulled by a judgment delivered by the European Court on 12 December 2023, orders the Republic of North Macedonia to transfer to the applicants, within three months, a plot of land located in the same area and having the same value and the same characteristics as the land initially at issue in the case and, failing that, to pay them the sum of 774,000 euros

HAVET & VANHUFFEL – Association d’avocats

In a judgment delivered on 12 December 2023 (Naskov and Others v. North Macedonia, nos. 31620/15 and 2 others – “the principal judgment”), the Court held that the annulment of the final restitution order in the context of an administrative enforcement procedure had deprived the applicants of their trust in a binding decision and of the possibility of taking possession of the property they had legitimately expected to receive.

The Court found that the interference with the applicants’ property rights had breached the principle of legality and could not be regarded as foreseeable in light of the principles of the Convention, and that, consequently, there had been a violation of Article 1 of Protocol No. 1 to the Convention.

The issue of pecuniary damage under Article 41 (just satisfaction) was not ready for determination at that time, and the Court reserved it.

In its judgment of 21 October 2025, the Court held that the respondent State must transfer to the applicants, within three months, a plot of land located in the same area and having the same value and characteristics as the land originally at issue in the case (minus any reimbursements already made).

Failing that, the State must pay the applicants the sum of EUR 774,000 (less any reimbursements already made) within the same three-month period.