Information Note on the Court’s case-law 42

May 2002

Beyeler v. Italy [GC] - 33202/96

Judgment 28.5.2002 [GC]

Article 41

Just satisfaction

In a judgment of 5 January 2000 the Court held that there had been a violation of Article 1 of Protocol No. 1, as the applicant had had to bear a disproportionate and excessive burden resulting from the circumstances in which the State exercised its right of pre-emption in respect of a painting which the applicant had acquired. The Court reserved the question of just satisfaction.

Article 41 – Having regard to the diversity of factors to be taken into consideration for the purposes of calculating the damage and to the nature of the case, the Court deemed it appropriate to fix, on an equitable basis, an aggregate sum which took account of the various considerations it had identified. Accordingly, the Court decided to award the applicant 1,300,000 euros (EUR) in compensation for the damage sustained, including ancillary costs and costs incurred before the domestic courts. It also awarded 55,000 euros in respect of the costs incurred in the proceedings before the Court.

© Council of Europe/European Court of Hum an Rights This summary by the Registry does not bind the Court.

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