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PALINAY AND OTHERS v. SLOVAKIA and 1 other application
Doc ref: 9738/16;45303/16 • ECHR ID: 001-169597
Document date: November 18, 2016
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PALINAY AND OTHERS v. SLOVAKIA and 1 other application
Doc ref: 9738/16;45303/16 • ECHR ID: 001-169597
Document date: November 18, 2016
Cited paragraphs only
Communicated on 18 November 2016
THIRD SECTION
Applications nos 9738/16 and 45303/16 Ladislav PALINAY and Others against Slovakia and Barbora PITRUNOVÁ and Others against Slovakia lodged on 12 February 2016 and 27 July 2016 respectively
STATEMENT OF FACTS
The applicants are individuals or legal entities, whose particulars are set out in Appendices 1A ‑ 2A. These Appendices also specify the date of introduction of the respective application.
The applicants are represented before the Court by Mr J. Brichta , a lawyer practising in Bratislava.
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants are the owners of residential buildings comprising flats which were or still are subjected to the rent-control scheme (see Appendices 1B ‑ 2B).
The background and legal framework concerning the rent control in Slovakia is described in Bittó and Others v. Slovakia ( no. 30255/09 , §§ 7 ‑ 16 and 32 ‑ 72, 28 January 2014) .
The applicants submit that the rent to which they were entitled for letting their property was disproportionately low compared to similar flats to which the rent-control scheme did not apply.
The applicants indicate that the factual and legal position as regards their cases is the same as in the case of Bittó and Others (cited above).
COMPLAINTS
The applicants complain that their rig hts under Article 1 of Protocol No. 1 have been violated as a result of the implementation of the rent ‑ control scheme in respect of their property.
The applicants further complain under Article 14 of the Convention that they have been discriminated against in comparison with the owners of similar housing facilities to whom the rent-control scheme does not apply.
QUESTIONS
1. 1. Has there been an interference with the applicants ’ right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference necessary to control the use of property in accordance with the general interest and, in particular, has an excessive individual burden been placed on the applicants as a result of the operation of the legal rules governing rent control throughout the period of their ownership of the real property in issue (see Bittó and Others v. Slovakia , no. 30255/09 , 28 January 2014, with further references) ?
2. Have the applicants suffered discrimination, contrary to Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1?
The parties are requested to submit information about the difference between the rent which the applicants were able to obtain under the rent ‑ control scheme in respect of their flats during the period of their ownership and the rent which was usually payable in similar flats to which the rent ‑ control scheme did not apply.
APPENDIX 1A
List of applicants
Application no. 9738/16
The application was lodged on 12 February 2016 by six applicants. The applicants nos. 1 ‑ 5 are all are Slovak nationals.
APPENDIX 1B
Application no. 9738/16
Property owned by the applicants and the period of application of rent-control
Applicant
Residential house address
Land Registry Entry
Flat number
Period of application of rent control
1.
2.
3.
4.Ladislav Palinay
Marcela Hudecová
Libuša Palinayová
Milan Hudec
Dolná 13, Banská Bystrica
4075
3
02/09/1991 - 20/09/2015
02/09/1991 - 20/09/2015
15/07/1992 - 20/09/2015
15/07/1992 - 20/09/2015
5.Edita Lammová
Štefánikova 31,
Bratislava – Staré mesto
44692, 3, 5, 6, 7, 8, 9, 13, 14, 17, 18, 20, 21
10/11/1997 -
6.SK Centre a. s.
Dunajská 7,
Bratislava – Staré mesto
5350B1, B2, B3, B5, B6, B7, B11
07/10/2008 -
B8
07/10/2008 - 31/12/2015
B10
07/10/2008 - 31/10/2015
APPENDIX 2A
List of applicants
Application no. 45303/16
The application was lodged on 27 July 2016 by seven applicants who all are Slovak nationals.
APPENDIX 2B
Application no. 45303/16
Property owned by the applicants and the period of application of rent-control
Applicant
Residential house address
Land Registry Entry
Flat number
Period of application of rent control
1.Barbora Pitrunová
Moravská 3, Bratislava
1187
8
10/01/2011 -
2.Ladislav Bodický
Nám . Sv . Anny 32 , Trenčín
4212
13
15
17
18
17/02/1992 - 22/02/2016
17/02/1992 - 13/06/2016
17/02/1992 - 28/01/2016
17/02/1992 - 12/04/2016
Nám . Sv . Anny 34 , Trenčín
4212
8
10
12
17/02/1992 - 22/02/2016
17/02/1992 - 15/04/2015
17/02/1992 -
Nám . Sv . Anny 36 , Trenčín
4212
5
17/02/1992 - 15/02/2016
3.
4.
5.
6.Michal Ruttkay
Matej Ruttkay
Juraj Ruttkay
Zuzana Ruttkayová
Nám . Sv . Anny 32 , Trenčín
4212
13
15
17
18
20/08/2005 - 22/02/2016
20/08/2005 - 13/06/2016
20/08/2005 - 28/01/2016
20/08/2005 - 12/04/2016
Nám . Sv . Anny 34 , Trenčín
4212
8
10
12
20/08/2005 - 22/02/2016
20/08/2005 - 15/04/2015
20/08/2005 -
Nám . Sv . Anny 36 , Trenčín
4212
5
20/08/2005 - 15/02/2016
7.Vlastimil Mareš
Nám . Sv . Anny 32 , Trenčín
4212
13
15
17
18
15/02/2010 - 22/02/2016
15/02/2010 - 13/06/2016
15/02/2010 - 28/01/2016
15/02/2010 - 12/04/2016
Nám . Sv . Anny 34 , Trenčín
4212
8
10
12
15/02/2010 - 22/02/2016
15/02/2010 - 15/04/2015
15/02/2010 -
Nám . Sv . Anny 36 , Trenčín
4212
5
15/02/2010 - 15/02/2016
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