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GRANA v. ITALY

Doc ref: 43955/09 • ECHR ID: 001-182693

Document date: April 6, 2018

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GRANA v. ITALY

Doc ref: 43955/09 • ECHR ID: 001-182693

Document date: April 6, 2018

Cited paragraphs only

Communicated on 6 April 2018

FIRST SECTION

Application no. 43955/09 Maria Rosa GRANA and Maria Giovanna GRANA against Italy lodged on 31 July 2009

SUBJECT MATTER OF THE CASE

The case concerns the deprivation of the applicants ’ land through the application of the constructive-expropriation rule (“ accessione invertita ” or “ occupazione acquisitiva ”) by the domestic courts and the retrospective application of Law no. 662 of 23 December 1996, which reduced the amount of compensation due to the applicant s for the dispossession of their property.

QUESTIONS tO THE PARTIES

1. Ha ve the applicant s been deprived of their possessions in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1 (see, amongst many other authorities, Guiso-Gallisay v. Italy , no. 58858/00, 8 December 2005; Rivera and di Bonaventura v. Italy , no. 63869/00, 14 June 2011; De Caterina and Others v. Italy , no. 65278/01, 28 June 2011; and Messana v. Italy , no. 26128/04, 9 February 2017)?

2. Did the applicant s have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was there interference by the legislature with the administration of justice designed to influence the judicial determination of a dispute on account of the retrospective application to their case of Law no. 662 of 23 December 1996?

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