Communicated on 5 June 2020 Published on 22 June 2020

FIRST SECTION

Application no. 51391/19 Helena WIEGANDOVÁ against the Czech Republic lodged on 26 September 2019

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s inability to terminate judicially a free personal legal affirmative easement over her property, which had been created by the property restitution legislation of 1992, that is to say before the Czech Republic was considered a Party to the Convention (as from 18 March 1992).

QUESTIONS TO THE PARTIES

1 . Is the applicant ’ s complaint compatible ratione temporis with the provisions of the Convention within the meaning of Article 35 § 3 (a)?

2 . If the application is admissible ratione temporis , did the dismissal of the applicant ’ s claim for termination of the easement interfere with her right to the peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?

3 . If there has been an interference with the applicant ’ s peaceful enjoyment of her possessions, was it in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 of the Convention?

4 . If so, was a “fair balance” struck between the demands of the general interest and the requirements of the protection of the individual ’ s fundamental rights? In particular, did that interference impose an excessive individual burden on the applicant (see, for example, Immobiliare Saffi v. Italy [GC], no. 22774/93, § 59 ECHR 1999 ‑ V)?