Published on 8 November 2021

FOURTH SECTION

Application no. 40124/19 Esrin Tyundzhar MOAMER and Zafer Tyundzhar MOAMER against Bulgaria lodged on 20 July 2019 communicated on 14 October 2021

SUBJECT MATTER OF THE CASE

The application concerns the delayed provision of compensation to the applicants for their mother’s property which was expropriated by the municipal authorities of Dobrich in 1991 for urban development. Initially, the applicants’ mother was to be compensated with a flat in a building the authorities intended to construct. By a supplementary order of 3 November 2009 the mayor determined compensation with a two-room flat in another building. However, the construction of the building was never finalised, after in 2014 the municipal authorities cancelled a public procurement procedure for its completion. The applicants have filed petitions to the municipal authorities, but no compensation had been provided to them by the time of lodging of the application to the Court. They complain under Article 1 Protocol No. 1 and Article 13 of the Convention.

QUESTIONS TO THE PARTIES

Was the compensation procedure in the case excessively lengthy, and has this resulted in a violation of Article 1 of Protocol No. 1 (see Kirilova and Others v. Bulgaria , nos. 42908/98 and 3 others, 9 June 2005; Lazarov v. Bulgaria , no. 21352/02, 22 May 2008; Antonovi v. Bulgaria , no. 20827/02, 1 October 2009)? Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 1 of Protocol No. 1, as required by Article 13 of the Convention? To what extent were the delays in the procedure imputable to the authorities? In particular, could the applicants bring about the conclusion of the procedure on an earlier date, by requesting to receive another property in compensation, in accordance with section 103(5) of the Territorial and Urban Planning Act, or financial compensation, as provided for after 2001 pursuant to section 9(1) of the transitional provisions of the Territorial Planning Act (see Velyov and Dimitrov v. Bulgaria (dec.) [Committee], no.64570/10, §§ 27-31, 20 September 2016, and Petrovi v. Bulgaria [Committee], no. 26759/12, §§ 25-29, 2 February 2017)? In that connection, at what point in time did the applicants become aware that the construction of the flat due to them would not be completed?

No.

Applicant’s Name

Year of birth/registration

Nationality

Place of residence

1.Esrin Tyundzhar MOAMER

1982Bulgarian

Dobrich

2.Zafer Tyundzhar MOAMER

1981Bulgarian

Dobrich