MATUSCHKA AND OTHERS v. SLOVAKIA and 1 other application
Doc ref: 33076/10 • ECHR ID: 001-109446
Document date: December 13, 2011
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THIRD SECTION
Applications nos. 33076/10 and 14383/11 K azimír MATUSCHKA and Others against Slovakia and Július VAŇURA and Others against Slovakia lodged on 31 May 2010 and 9 February 2011 respectively
STATEMENT OF FACTS
THE FACTS
The applicants are natural or legal 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 case, 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 Krahulec v. Slovakia (dec.), no. 19294/07, 7 June 2011.
The applicants submit, with reference to the applicable law, that the rent to which they are entitled for letting their property is far below the maintenance costs for their houses and disproportionately low compared with similar flats to which the rent-control scheme does not apply.
By way of example, they point out that the controlled rent in respect of a flat with a surface area of 72.56 sq uare metres has been EUR 71.5 a month, which corresponds to EUR 0.99 per square metre. However, the free-market rent in respect of such a f lat was approximately EUR 830 a month, that is EUR 11.4 per square metre.
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 also complain that they have no effective domestic remedy at their disposal as required by Article 13 of the Convention in respect of the above complaint.
Finally, the applicants 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
Has there been an interference with the applicant s ’ 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 buildings in issue (see also Hutten-Czapska v. Poland [GC], no. 35014/97, ECHR 2006 ‑ VIII ; Ghigo v. Malta , no. 31122/05, 26 September 2006 or Edwards v. Malta , no. 17647/04, 24 October 2006 )?
Ha ve the applicant s suffered discrimination , contrary t o 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.
The applicants are requested to submit all relevant documents indicating the financial management of their tenement house during the period of their ownership and, in particular, expenses related to the maintenance and (as the case may be) reparation or modernisation of the house and individual flats.
Appendix 1
Application no. 33076/10 – list of applicants
1. Mr Kazim ír Matuschka, who was born in 1961 and lives in Poprad.
2. Ms Ingrid Mrkvová, who was born in 1957 and lives in Brno - Černovice, the Czech Republic.
3. Ms Sylvia Andrássyová, who was born in 1931 and lives in Bratislava.
4. Mr Kristian Matuschka, who was born in 1952 and lives in Bratislava.
5. Mr Horst Husár, who was born in 1942 and lives in Bratislava.
6. Mr Pavol Husár, who was born in 1946 and lives in Bratislava.
7. Ms Eva Sorčinová, who was born in 1940 and lives in Bratislava.
8. Ms Judita Kramplová, who was born in 1934 and lives in Å tvrtok na Ostrove.
9. Ms Mária Gullová, who was born in 1948 and lives in Bratislava.
10. Ms Michaela Korvasová, who was born in 1962 and lives in Bratislava.
11. Mr Milan Bálint, who was born in 1966 and lives in Humenné.
12. Mr Vladimír Bohuslav, who was born in 1954 and lives in Bratislava.
13. Mr Ivan Stodola, who was born in 1962 and lives in Banská Bystrica.
14. Ms Elena Stodolová, who was born in 1930 and lives in Banská Bystrica.
15. Ms Ivana Vilčeková, who was born in 1959 and lives in Banská Bystrica.
16. Ms Anna Konečná, who was born in 1938 and lives in Bratislava.
17. M -MARKET, akciov á spoločnosÅ¥, a joint-stock company with its registered office in Lučenec, represented by Mr R. Kelemen.
18. F.SEAL, s.r.o., a limited liability company with its registered office in Lu čenec, represented by Mr R. Kelemen.
19. RENOBYT s.r.o., a limited liability company with its registred office in Bratislava, represented by Mr V. Bohuslav.
20. BL-DEVELOPER, spol. s r.o., a limited liability company with its registered office in Bratislava, represented by Mr L. BorároÅ¡.
21. SNP REAL, a.s., a joint -stock company with its registered office in Bratislava, represented by Ms J. Ondri Å¡ová and Ms K. OndriÅ¡ová.
The applicants who are natural persons are Slovak nationals.
Appendix 2
Application no. 14383/11 – list of applicants
1. Mr Július Vaňura who was born in 1954 and lives in Bratislava .
2. Ms Eva Vaňurová, who was born in 1945 and lives in Bratislava .
3. Ms Ružena Krivošíková, who was born in 1956 and lives in Bratislava .
4. Mr Ladislav Ročiak, who was born in 1934 and lives in Žilina.
5. Ms Helena Ročiaková, who was born in 1942 and lives in Rajecké Teplice .
6. Mr Ivan Albert, who was born in 1945 and lives in Bratislava .
7. Mr Rudolf Albert, who was born in 1947 and lives in Bratislava .
8. Ms Katarína Šináková, who was born in 1960 and lives in Bratislava .
9. Mr František Kruml, who was born in 1926 and lives in Bratislava .
10. Ms Vlasta Pivarčiová, who was born in 1924 and lives in Bratislava .
11. Mr Georg Mayer, who was born in 1953 and lives in Hamburg , Germany .
12. Mr Anton Sudek, who was born in 1955 and lives in Bratislava .
13. Ms Alžeta Strížencová, who was born in 1957 and lives in Bratislava .
14. Mr Ladislav Banhégyi, who was born in 1948 and lives in Bratislava .
15. Mr Imrich Banhégyi, who was born in 1931 and lives in Bratislava .
16. Mr Pavol Záturecký, who was born in 1974 and lives in Bratislava .
The applicants are Slovak nationals with the exception of Mr G. Mayer who is a German national.
Appendix 3
Application no. 33076/10 - Residential buildings owned by the applicants
Applicant
Residential house address
Land Registry
Entry
1.Matuschka Kazim ír
Štefánikova trieda 9/17,
Nitra
4101
2.Mrkvová Ingrid
Štefánikova trieda 9/17,
Nitra
4101
3.Andrássyová Sylvia
Štefánikova trieda 9/17,
Nitra
4101
4.Matuschka Kristian
Štefánikova trieda 9/17,
Nitra
4101
5.Husár Horst
Michalská 3, Bratislava
4128
6.Husár Pavol
Michalská 3, Bratislava
4128
7.Soročinová Eva
Michalská 3, Bratislava
4128
8.Kramplová Judita
Michalská 3, Bratislava
4128
9.Gullová Mária
Michalská 3, Bratislava
4128
10.Korvasová Michaela
Michalská 3, Bratislava
4128
11.Bálint Milan
Palackého 6, Bratislava
2771
12.Bohuslav Vladimír
Palackého 6, Bratislava
2771
13.Stodola Ivan
Grösslingová 43, Bratislava
4301
14.Stodolová Elena
Grösslingová 43, Bratislava
4301
15.Vilčeková Ivana
Grösslingová 43, Bratislava
4301
16.Konečná Anna
Nám. Sv. Anny 32-34-36, Trenčín
4212
17.M-MARKET, akciová spoločnosť
Račianska 53, Bratislava
2006
18.F.SEAL, s.r.o.
Račianska 53, Bratislava
2006
19.RENOBYT s.r.o.
Michalská 4, Bratislava
5045
20.BL-DEVELOPER, spol. s r.o.
Biela 4, Bratislava
5045
21.SNP REAL, a.s.
Nám. SNP 14, Bratislava
3678Appendix 4
Application no. 14383/11 - Residential buildings owned by the applicants
Applicant
Residential house address
Land Registry
Entry
1.Vaňura Július
Trenčianska 15, Bratislava
344
2.Vaňurová Eva
Trenčianska 15, Bratislava
344
3.Krivošíková Ružena
Trenčianska 15, Bratislava
344
4.Ročiak Ladislav
Nám. A. Hlinku 107/7,
Žilina
1123
5.Ročiaková Helena
Nám. A. Hlinku 107/7,
Žilina
1123
6.Albert Ivan
Cintorínska 24, Bratislava
4446
7.Albert Rudolf
Cintorínska 24, Bratislava
4446
8.Šináková Katarína
Cintorínska 24, Bratislava
4446
9.Kruml František
Cintorínska 24, Bratislava
4446
10.Pivarčiová Vlasta
Vlčkova 39, Bratislava
2686
11.Mayer Georg
Heydukova 9, Bratislava
950
12.Sudek Anton
Kuzmányho 15, Bratislava
2509
13.Strížencová Alžbeta
Kuzmányho 15, Bratislava
2509
14.Banhégyi Ladislav
Šoltésovej 16, Bratislava
6232Železničiarska 10,
Bratislava
7934
15.Banhégyi Imrich
Železničiarska 10,
Bratislava
7934Šoltésovej 16, Bratislava
6232
16.Záturecký Pavol
Andreja Kmeťa 14,
Banská Štiavnica
5652