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VANGELOVA AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 17218/17 • ECHR ID: 001-189303

Document date: December 11, 2018

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VANGELOVA AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 17218/17 • ECHR ID: 001-189303

Document date: December 11, 2018

Cited paragraphs only

Communicated on 11 December 2018

FIRST SECTION

Application no. 17218/17 Dragica VANGELOVA and others against the former Yugoslav Republic of Macedonia lodged on 28 February 2017

SUBJECT MATTER OF THE CASE

The application concerns an interference with the applicants ’ property rights. Upon discovery that a municipal road has been built on plots of land owned by the applicants, they sought protection from trespass to their property and damages. The domestic courts found that the road had been built partly on their property, but dismissed the claim holding that its construction had been lawful. They further held that the applicants could vindicate their rights in expropriation proceedings.

QUESTIONS tO THE PARTIES

1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? The Government are invited to provide the Court with any relevant domestic case-law in this regard.

2. If so, have the applicants been deprived of their possessions in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 to the Convention? If so, did that interference impose an excessive individual burden on them (see Former King of Greece and Others v. Greece [GC], no. 25701/94, § 98, ECHR 2000 ‑ XII, Sovtransavto Holding v. Ukraine , no. 48553/99, § 96, ECHR 2002 ‑ VII and Akhverdiyev v. Azerbaijan , no. 76254/11 , § 99, 29 January 2015 )?

APPENDIX

No.

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

Dragica VANGELOVA

1937Macedonian

Skopje

Helsinki Committee For Human Rights

Natasha BREZOVSKA VUCHKOVSKA

1978Macedonian

Skopje

Dejan BREZOVSKI

1976Macedonian

Skopje

Pavle

BREZOVSKI

1944Macedonian

Skopje

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