Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

GERGURI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 54953/16 • ECHR ID: 001-188052

Document date: November 7, 2018

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 4

GERGURI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 54953/16 • ECHR ID: 001-188052

Document date: November 7, 2018

Cited paragraphs only

Communicated on 7 November 2018

FIRST SECTION

Application no. 54953/16 Hamdi GERGURI against the former Yugoslav Republic of Macedonia lodged on 26 August 2016

SUBJECT MATTER OF THE CASE

The application concerns misdemeanour proceedings in which the national customs authorities issued a fine and confiscated 60,500 euros from the applicant for having failed to declare them upon entering the respondent State . The applicant paid the fine but unsuccessfully challenged the confiscation order by means of an administrative action. The domestic authorities and administrative courts held that the applicant should have reported the financial means upon crossing the border, and in default, the confiscation measure was applied in accordance with domestic law.

QUESTION tO THE PARTIES

Did the confiscation of the applicant ’ s money strike a fair balance between the demands of the general interest and the requirements of the protection of the applicant ’ s right of property in compliance with Article 1 of Protocol No. 1 to the Convention (see Ismayilov v. Russia no. 30352/03, § 38, 6 November 2008, Gabrić v. Croatia no. 9702/04, §§ 36-39, 5 February 2009 and Boljević v. Croatia , no. 43492/11, §§ 42-45, 31 January 2017) ?

© European Union, https://eur-lex.europa.eu, 1998 - 2025

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 400211 • Paragraphs parsed: 44892118 • Citations processed 3448707