Published on 5 April 2021

THIRD SECTION

Application no. 65774/14 Dashuri LLAGAMI and Others against Albania lodged on 18 September 2014 communicated on 16 March 2021

SUBJECT MATTER OF THE CASE

In 2009 the Tirana Court of Appeal gave a decision finding that the applicants were the lawful owners of a plot of land, parts of which the authorities had used for the construction of the Tirana ring road. The court, while holding that there had been an expropriation of the applicants ’ property in the public interest, further determined that the value of compensation was to be calculated by reference to the land price in 2001, when the authorities had commenced the expropriation procedure but not finalised it by means of a Government decision. The decision was upheld on appeal by the Supreme Court and the Constitutional Court in 2011 and 2014.

The application therefore concerns a complaint under Article 1 of Protocol No. 1 regarding the allegedly unlawful expropriation of parts of the applicants ’ plot of land for the construction of the Tirana ring road and the determination of the corresponding amount of compensation.

The applicants ’ names are set out in the Appendix.

QUESTIONS TO THE PARTIES

Has there been a breach of the applicants ’ rights under Article 1 of Protocol No. 1 to the Convention? In this connection:

(a) When were the applicants deprived of their property?

(b) Was the deprivation of the applicants ’ property lawful (see, amongst other authorities, Vistiņš and Perepjolkins v. Latvia [GC], no. 71243/01, §§ 95-99, 25 October 2012)? In particular, did the authorities comply with the expropriation procedure prescribed for by the applicable domestic law?

The parties are invited to describe the applicable domestic procedure for expropriations in the public interest and submit the supporting documents relevant to the proceedings in question.

(c) Was the interference with the applicants ’ property rights proportionate? In particular, in determining the amount of compensation, has a “fair balance” been struck between the demands of the general interest of the community and the requirements of the protection of the applicants ’ rights (see Vistiņš and Perepjolkins v. Latvia , cited above, §§ 110-14, and Guiso-Gallisay v. Italy (just satisfaction) [GC], no. 58858/00, §§ 98-105, 22 December 2009)?

APPENDIX

No.

Applicant ’ s Name

Year of birth/registration

Nationality

Place of residence

1.Dashuri LLAGAMI

1949Albanian

Tirana

2.Suzana

HAVERI (LLAGAMI) died in 2015

Heir:

Miranda NOSI (LLAGAMI)

1927Albanian

Tirana

3.Meleqe KODRA (LLAGAMI)

1931Albanian

Tirana

4.Bardhyl LLAGAMI

1942Albanian

Tirana

5.Dylbere LLAGAMI

1955Albanian

Tirana

6.Fatri LLAGAMI died in 2014

Heirs:

Bedar LLAGAMI, and

Etleva BELIU (LLAGAMI)

1933Albanian

Tirana

7.Qemal LLAGAMI

1928Albanian

Tirana