Published on 13 February 2023

FIRST SECTION

Application no. 76717/12 HABITAT SPA against Italy lodged on 22 November 2012 communicated on 24 January 2023

SUBJECT MATTER OF THE CASE

The application concerns the compensation awarded to the applicant company for the expropriation of 1,818 square metres of its land in Bolzano.

The applicant company complains, under Article 1 of Protocol No. 1 to the Convention, that the compensation awarded by the Trento Court of Appeal in its judgment of 5 December 2009 (and upheld by the Court of Cassation in 2012), which was calculated according to Section 8(3) of the Bolzano Province Law No. 10 of 15 April 1991, was considerably lower than the market value of the land.

QUESTION TO THE PARTIES

Has the applicant company been deprived of its possessions in the public interest, and in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1? Did that deprivation impose an excessive individual burden on the applicant company (see Scordino v. Italy (no. 1) [GC], no. 36813/97, ECHR 2006 ‑ V)?)? In particular, was the compensation awarded under Section 8(3) of the Bolzano Province Law No. 10 of 15 April 1991, as applicable at the relevant time, reasonably related to the market value of the property?