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ZARRO AND OTHERS v. ITALY

Doc ref: 22315/07 • ECHR ID: 001-191287

Document date: January 31, 2019

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ZARRO AND OTHERS v. ITALY

Doc ref: 22315/07 • ECHR ID: 001-191287

Document date: January 31, 2019

Cited paragraphs only

Communicated on 31 January 2019

FIRST SECTION

Application no. 22315/07 Giuseppe ZARRO and O thers against Italy lodged on 4 May 2007

SUBJECT MATTER OF THE CASE

The applicants are the heirs of a tenant farmer who had initiated proceedings before the Benevento District Court in 1987, seeking compensation following the unlawful expropriation ( occupazione acquisitiva ) of the land on which he had been conducting his farming activities. Following the tenant farmer ’ s death, the applicants pursued the domestic proceedings in his stead. By a judgment delivered in 2006 the Naples Court of Appeal ruled that the applicants were entitled to compensation calculated in accordance with the “average agricultural value” ( valore agricolo medio ) criterion under Law No. 865 of 1971.

QUESTIONS tO THE PARTIES

1. Has there been an interference with the applicants ’ peaceful enjoyment of their possessions, within the m eaning of Article 1 of Protocol No. 1?

In particular, did that interference impose an excessive individual burden on the applicants on account of the compensation awarded to them being calculated in accordance with the “average agricultural value” criterion (see, mutatis mutandis , Preite v. Italy , no. 28976/05 , 17 November 2015) ?

2. Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 1 of Protocol No. 1, as required by Article 13 of the Convention?

No.

Firstname LASTNAME

Birth year

Place of residence

Representative

Giuseppe ZARRO

1949Benevento

S. Ferrara

Consiglia ZARRO

1935Benevento

S. Ferrara

Marisa Giuseppina ZARRO

1953Benevento

S. Ferrara

Sergio ZARRO

1951Benevento

S. Ferrara

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