Published on 20 September 2021

THIRD SECTION

Application no. 27996/19 Nermin HABIBI against Albania lodged on 17 May 2019 communicated on 3 September 2021

SUBJECT MATTER OF THE CASE

The application concerns the authorities’ alleged failure to pay the applicant full compensation which had been awarded by means of a Council of Ministers’ decision in 2013 for the expropriation of certain plots of land in the public interest, namely the extension of a boulevard.

Under Article 6 § 1 and 13 of the Convention, as well as under Article 1 of Protocol No. 1 to the Convention, the applicant complains that she did not receive the full amount of compensation awarded to her and she had no effective remedy for the authorities’ failure to pay compensation.

QUESTIONS TO THE PARTIES

1. Does the Council of Ministers’ decision no. 752 of 5 September 2013 constitute a “final decision”, for the purposes of enforcement, within the meaning of Article 6 § 1 of the Convention (see, mutatis mutandis , Ramadhi and Others v. Albania , no. 38222/02, § 46, 13 November 2007)?

2. Has there been a breach of Articles 6 § 1 and 13 of the Convention, as well as of Article 1 of Protocol No. 1 to the Convention, on account of the authorities’ failure to pay the applicant the full amount of compensation owed to her as a result of the expropriation of her property (see Tunç v. Turkey , no. 54040/00, §§ 22-39, 24 May 2005, and Gerasimov and Others v. Russia , nos. 29920/05 and 10 others, §§ 168 and 179, 1 July 2014)?