Communicated on 8 December 2017

FOURTH SECTION

Application no. 29233/15 Vince NAGY and Laszlone KOVACS against Hungary lodged on 10 June 2015

SUBJECT MATTER OF THE CASE

The application concerns the applicants ’ plot of land which cannot be used, on account of pre-existing waste pollution, since its acquisition in 2001. The applicants ’ criminal complaints and actions to have the area re ‑ cultivated were to no avail. On 16 October 2015 the plot of land was eventually expropriated; however, the ensuing litigation concerning the value of the property and the disbursement of the expropriation compensation is still pending.

The applicants complain under Article 1 of Protocol No. 1, read alone and in conjunction with Article 13 of the Convention, that the compounded actions/inactions of the authorities amounted to a long-lasting situation in which the property could be neither used nor disposed of.

QUESTIONS tO THE PARTIES

1. Has Article 35 § 1 of the Convention been complied with in the present case?

2. Has there been an interference with the applicants ’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, did the interference in question strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual ’ s fundamental rights (see, among many other authorities, Jahn and Others v. Germany [GC], nos. 46720/99, 72203/01 and 72552/01, § 93, ECHR 2005 ‑ VI)?

3. 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?