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BAJZÍK AND OTHERS v. SLOVAKIA
Doc ref: 46609/13;9892/14 • ECHR ID: 001-144978
Document date: May 19, 2014
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BAJZÍK AND OTHERS v. SLOVAKIA
Doc ref: 46609/13;9892/14 • ECHR ID: 001-144978
Document date: May 19, 2014
Cited paragraphs only
Communicated on 19 May 2014
THIRD SECTION
Applications nos 46609/13 and 9892/14 Jerguš BAJZÍK and O thers against Slovakia and Milan KIAČEK and O thers against Slovakia lodged on 28 June 2013 and 22 January 2014 respectively
STATEMENT OF FACTS
The applicants are natural persons whose particulars are set out in Appendices 1 and 2. They 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 own residential buildings which comprise flats in respect of which the rent-control scheme has applied (see Appendices 3 and 4). The background and legal framework concerning the control of rent in Slovakia is described in Bittó and Others v. Slovakia , no. 30255/09 , §§ 7-16 and 3 2 ‑ 72 , 28 January 2014 .
The applicants submit that the rent to which they are entitled for letting their property is disproportionately low compared with similar flats to which the rent-control scheme does not apply.
The applicants in application no. 9892/14 indicate, in addition, 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 rights 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 TO THE PARTIES and information requested
1. Has there been an interference with the applicants ’ right to peaceful enjoyment of possessions, within the meanin g 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 buildings in issue (see also 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 1
List of applicants
Application no. 46609/13
The applicants in application no. 46609/13 are Slovak nationals with the exception of Ms Judita LOCKE who is a British national.
APPENDIX 2
List of applicants
Application no. 9892/14
The applicants in application no. 9892/14 are Slovak nationals.
APPENDIX 3
Application no. 46609/13 – Residential buildings owned by the applicants
Applicants
Residential house address
Land Registry Entry
1.Jergu š BAJZÍK
M.R. Štefánika 45, 010 01 Žilina
7649
2.
3.Ján VALÁŠEK
Tomáš VALÁŠEK
Vlčkova 39, 811 04 Bratislava
2686
4.Marek LIÅ KA
M. Rázusa 10, 911 01 Trenčín
2363
5.
6.
7.Rudolf TUPÝ
Marta TUPÁ
Mária TUPÁ
Ulica republiky 12, 010 01 Žilina
5968
8.
9.
10.
11.
12.Zdenko RÁČEK
Viera HROMCOVÁ
Jana RÁČKOVÁ
Juraj HROMEC
Viera HROMÁ
Vajnorská 19, 831 03 Bratislva
1954
13.
14.
15.
16.
17.Pavol ONDREJKOVIČ
Peter ONDREJKOVIČ
Juraj ONDREJKOVIČ
Alena ONDREJKOVIČOVÁ
Judita LOCKE
Gr össlingov á 37, 811 09 Bratislava
4131
18.
19.
20.
21.
22.
23.
24.Tomáš WEIS
Alena WEISOVÁ
Adriana WEISOVÁ
Oliver WEIS
Marian MESZÁROÅ
Lívia POLAKOVIČOVÁ
Marian POLAKOVIČ
Saratovská 4, 841 02 Bratislava
2407APPENDIX 4
Application no. 9892/14 – Residential buildings owned by the applicants
Applicants
Residential house address
Land Registry Entry
1.
2.Milan KIAÄŒEK
Elena KIAČEKOVÁ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
3.Aurélia DISCANTINY
Zámočnícka 11, 811 03 Bratislava
4314
4.Dušan FRIČ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
5.Ľubomíra KOZLOVÁ
Gr össlingov á 21, 811 09 Bratislava
4426
6.Kristína PALKOVÁ
Lazaretská 2, 811 08 Bratislava
Lazaretská 4, 811 08 Bratislava
Račianska 55, 831 02 Bratislava
Račianska 57, 831 02 Bratislava
4382
4382
2013
2013
7.Mária KRÁLIKOVÁ
Zámočnícka 11, 811 03 Bratislava
4314
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