Published on 5 June 2023

FIRST SECTION

Application no. 17242/22 Marcel FORAI against Slovakia lodged on 28 March 2022 communicated on 15 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the freezing of assets (bank accounts and valuable securities) belonging to the applicant in connection with criminal proceedings brought against him for having breached duties in the administration of property of the State Health Insurance Agency.

The applicant, relying on Article 1 of Protocol No. 1 alone and in conjunction with Article 13 of the Convention, as well as Article 6 of the Convention, challenges various irregularities mainly in the proceedings which led to the freezing order.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant’s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1, on account of the freezing of his bank accounts and valuable securities?

If so, was that interference necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties? In particular, did that interference impose an excessive individual burden on the applicant (see Džinić v. Croatia , no. 38359/13, §§ 67-82, 17 May 2016)?

2. Did the applicant have at his disposal an effective domestic remedy for his complaints under Article 1 of Protocol No. 1, as required by Article 13 of the Convention?