Information Note on the Court’s case-law 57

October 2003

Belvedere Alberghiera S.r.l. v. Italy - 31524/96

Judgment 30.10.2003 [Section II]

Article 41

Just satisfaction

Appointment of expert to assess pecuniary loss

In a judgment of 30 May 2000, the Court held that there had been a violation of Article 1 of Protocol No. 1, on the ground that the applicant company had been unlawfully deprived of its land. The question of Article 41 was reserved. In the subsequent proceedings the Chamber decided, on its President’s initiative, that it would be appropriate to conduct an expert evaluation with regard to the question of pecuniary damage. Accordingly, the Court assi gned terms of reference to an expert selected by the parties and noted that the costs and fees for the evaluation would be payable by the respondent State. The parties had an opportunity to submit observations on the evaluation.

Article 41 – The Court deci ded to accept as valid the expert’s report and to take it into consideration in its decision on pecuniary damage. With regard to the sum to be awarded under this head, the Court endorsed the expert’s conclusions.

© Council of Europe/European Court of Huma n Rights This summary by the Registry does not bind the Court.

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