TOROMAG, S.R.O. v. SLOVAKIA and 4 other applications

Doc ref: 41217/20;41253/20;41263/20;41271/20;49716/20 • ECHR ID: 001-207274

Document date: December 5, 2020

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TOROMAG, S.R.O. v. SLOVAKIA and 4 other applications

Doc ref: 41217/20;41253/20;41263/20;41271/20;49716/20 • ECHR ID: 001-207274

Document date: December 5, 2020

Cited paragraphs only

Communicated on 5 December 2020 Published on 21 December 2020

FIRST SECTION

Application no. 41217/20 TOROMAG, S.R.O. against Slovakia and 4 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern alleged unlawfulness of a series of measures taken by the Public Health Authority ( Úrad verejného zdravotníctva ) of Slovakia in the context of prevention of the spreading of the Covid-19 virus. The applicants are the owners of business (fitness centres) which were closed by virtue of the aforementioned measures from March until June 2020. They allege having so incurred pecuniary damage and lost future income as well as clientele. The applications raise issues under Article 1 of Protocol No. 1.

QUESTIONS TO THE PARTIES

1. In view of all the circumstances, including - but not limited to - the nature of the contested measures and the Constitutional Court ’ s jurisprudence on the judicial review of the so-called general permits (see e.g. the Constitutional Court ’ s decision I. US 354/08), have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

2. Has there been an interference with the applicants ’ right to the peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, did it fulfil the requirements of lawfulness under that Article? Among other aspects, was it accompanied by procedural safeguards inherent in that provision (see Capital Bank AD v. Bulgaria , no. 49429/99, §§ 133-134, ECHR 2005 ‑ XII (extracts), with further references)?

APPENDIX

No.

Application no.

Applicant

Registered seat

41217/20

Toromag , s.r.o.

Colný sklad 34

Bystrička 038 04

Slovakia

41253/20

Štúdio pohybu BUBEMA, s.r.o.

Hlinská 27

Žilina 010 01

Slovakia

41263/20

Retsus s.r.o.

Družstevná 665/6

ÄŒachtice 916 21

Slovakia

41271/20

Mikuláš Bado

Ortáše 74

044 44 Ploské

Slovakia

49716/20

Peter Marcina

Okru žná 1423/18

020 01 Púchov

Slovakia

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