Published on 10 January 2022

FIRST SECTION

Application no. 18052/20 Doreen GRIMA and Others against Malta and 2 other applications (see list appended) communicated on 16 December 2021

STATEMENT OF FACTS

The applicants are Maltese nationals, who are represented by lawyers practising in Valetta (see details set out in the Appendix).

The circumstances of the cases

The facts of the cases, as submitted by the applicants, may be summarised as follows.

The applicants co-own a property at 40 Anġlu Mallia Street, Birkirkara, which they inherited from their father (and thus own 25 % each) and husband (and thus owns 50%) in December 2015. The case concerns a unilaterally imposed lease under Act XXIII of 1979 amending Chapter 158 of the Laws of Malta affecting the applicants’ property as of 1980.

The annual rent payable in 1980 was approximately 150 euros (EUR), in 1995 it had to increase to approximately 229 in 2010 to EUR 314 in 2013 to EUR 334 and in 2016 to EUR 341. However, the tenant continued to pay only EUR 203 per year.

According to a court-appointed expert the annual market rental value in 1980 was EUR 1,258, and in 2019 EUR 7,200, thus over the period 1980 to 2017 the total market rental value would have amounted to EUR 101,114.

The applicants instituted constitutional redress proceedings complaining of a violation of Article 1 of Protocol No. 1 to the Convention, indicating that their complaint concerned only the period until 2017, without prejudice to any further proceedings they might undertake in relation to the 2018 amendments.

By a judgment of 21 October 2019, the Civil Court (First Hall) in its constitutional competence found a violation of Article 1 of Protocol No. 1 and awarded EUR 30,000 in compensation. It considered that the applicants’ ancestor could not have had an idea of the inflation in the property market when he entered into the contract of emphyteusis in 1963 before the promulgation of the impugned law. As a result of the latter, the tenants had the right to continue to reside in the property after the contract came to an end, this time under title of lease, at a low rent. Thus, the applicants’ family had been suffering a violation since 1980, when the original contract had expired. Further, despite increases by law which were due, the tenants continued to pay only EUR 203 annually. The applicants had thus suffered a disproportionate burden.

None of the parties appealed.

The case concerns a unilaterally imposed lease under Act XXIII of 1979 amending Chapter 158 of the Laws of Malta affecting the applicants’ property in Siġġiewi as of 1 May 2012. At that time the rent payable was EUR 725, which would increase every three years. Its market rental value according to the court-appointed expert was EUR 6,183 in 2012 and EUR 9,800 in 2018.

In 2012 the applicants attempted to evict the tenants via proceedings before the RRB to no avail. In 2018 the applicants again unsuccessfully asked the tenants to vacate the property and pay damages.

On 26 February 2018 applicants instituted constitutional redress proceedings complaining of a violation of Article 1 of Protocol No. 1 to the Convention.

By a judgment of 30 January 2020, the Civil Court (First Hall) in its constitutional competence found a violation of Article 1 of Protocol No. 1 and awarded EUR 15,000 in compensation. It refused to evict the tenant but ordered that he may no longer rely on Article 12 of Chapter 158 to maintain title to the property. No costs where to be paid by the applicants.

None of the parties appealed.

In the meantime, in 2018 proceedings were instituted before the Rent Regulation Board (RRB) to increase the rent under the 2018 amendments. The case is still pending.

The case concerns an imposed lease as a result of the application of Chapter 69 of the Laws of Malta whereby the applicants who co-own the property at different shares are receiving EUR 203 per annum (based on the 1914 market value), increased every three years according to the index of inflation as of 2009. Prior to that the rent payable was approximately EUR 82 annually, and as of 2009 EUR 185 annually. The lease may be renewed indefinitely and inherited, in fact the original tenants passed away and their son inherited the tenancy. According to the court-appointed expert the rental value in 1987 was EUR 1,710, annually, and that in 2018 was EUR 14,625. The income potential over the relevant period was estimated at EUR 160,000.

The applicants instituted constitutional redress proceedings complaining, inter alia , of a breach of their property rights in so far as the law allowed the son of the original tenants (who died in 2007 and 2018 respectively) to continue the lease indefinitely at a low amount of rent.

By a judgment of 1 July 2020, the Civil Court (First Hall) in its constitutional competence found a violation of Article 1 of Protocol No. 1 to the Convention and awarded the applicants EUR 20,000 in compensation. It refused to evict the tenant but declared that the tenant may no longer rely on the impugned law to maintain title to the property. Half of the costs of the proceedings were to be paid by the applicants. None of the parties appealed.

Thereafter the applicants instituted proceedings before the RRB to evict the tenant. The proceedings are still pending.

COMPLAINTS

The applicants complain under Article 1 of Protocol No. 1 to the Convention alone and in conjunction with Article 13 that they remain victims of the violation upheld by the domestic court due to the low amount of compensation awarded and the failure to evict the tenants.

COMMON QUESTIONS

1. Has there been a violation of Article 1 of Protocol No. 1 to the Convention in the present cases (see, inter alia , Amato Gauci v. Malta , no. 47045/06, 15 September 2009)?

2. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 1 of Protocol No. 1, as required by Article 13 of the Convention (see Cauchi v. Malta , no. 14013/19, 25 March 2021)?

APPENDIX

No.

Application

no.

Lodged on

Applicant name

date of birth

place of residence

Represented by

18052/20

02/04/2020

Doreen GRIMA

1965Marsascala

Joseph GRIMA

1962Pembroke

Georgina GRIMA

1938Valletta

Michael CAMILLERI

Edward

DEBONO

37022/20

20/08/2020

Joseph VASSALLO

1944Scarborough Ontario

Antonia VASSALLO

1950Scarborough Ontario

Michael CAMILLERI

Edward

DEBONO

50693/20

16/11/2020

Joseph MICALLEF

1936Tarxien

Carmel MICALLEF

1940Sliema

Mary GRECH

1938Pembroke

Rose BUÄ EJA

1943San Ä wann

Victoria VELLA

1945San Ä wann

Theresa CHETCUTI

1947Is-Swieqi

Marcelle SIRACUSA

1949Pembroke

Maria Stella BORG

1958Ibrag

Neil BORG MELI

1986Gżira

Brian MELI

1966Is-Swieqi

Michael CAMILLERI

Karl

MICALLEF