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LIQUIDATION ESTATE OF THE COMMERCIAL COMPANY POLJIČAN-RAŠICA D.O.O. v. CROATIA

Doc ref: 39761/18 • ECHR ID: 001-201688

Document date: February 10, 2020

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LIQUIDATION ESTATE OF THE COMMERCIAL COMPANY POLJIČAN-RAŠICA D.O.O. v. CROATIA

Doc ref: 39761/18 • ECHR ID: 001-201688

Document date: February 10, 2020

Cited paragraphs only

Communicated on 10 February 2020 Published on 2 March 2020

FIRST SECTION

Application no. 39761/18 LIQUIDATION ESTATE OF THE COMMERCIAL COMPANY POLJIÄŒAN-RAÅ ICA D.O.O . against Croatia lodged on 16 August 2018

SUBJECT MATTER OF THE CASE

The application concerns the State authorities ’ refusal to allow the import of meat for which the applicant company held a valid import licence due to the introduction of an import ban, as well as the domestic courts ’ subsequent dismissal of the applicant company ’ s claim for compensation for the resultant loss of profits despite the finding that the ban should not have been applied in the applicant company ’ s case. The applicant company (more precisely, the assets of the wound up company) complains that the domestic authorities violated its rights guaranteed under Article 1 of Protocol No. 1 to the Convention.

QUESTIONS TO THE PARTIES

1. Did the application of the import ban in the applicant company ’ s case constitute an interference with the company ’ s right to the peaceful enjoyment of its possessions?

2. If so, was the application of the ban and the domestic courts ’ subsequent refusal to award compensation for the loss of profit to the applicant company in accordance with the requirements of Article 1 of Protocol No. 1 to the Convention? In particular, was that interference lawful, did it pursue a legitimate aim in the public or general interest and was it proportionate to the aim pursued? Did it impose a disproportionate and excessive burden on the applicant company?

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