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LERRO v. ITALY

Doc ref: 469/08 • ECHR ID: 001-182694

Document date: April 6, 2018

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LERRO v. ITALY

Doc ref: 469/08 • ECHR ID: 001-182694

Document date: April 6, 2018

Cited paragraphs only

Communicated on 6 April 2018

FIRST SECTION

Application no. 469/08 Umberto LERRO and O thers against Italy lodged on 27 December 2007

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. Have the applicants 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; and De Caterina and Others v. Italy , no. 65278/01, 28 June 2011)?

2. Did the applicants 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. 662/1996?

N o .

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

Umberto LERRO

1948Italian

NAPOLI

M. De Stefano

Giovanna LERRO

1954Italian

VILLA CHIARA

M. De Stefano

Raffaello LERRO

1950Italian

NAPOLI

M. De Stefano

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