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623 12 hrcd [ 2001 ] ELIA S.R.L. v. ITALY Protection of property – violation Protocol No. 1, Article 1 An interference with the right to peaceful enjoyment of its possessions had to strike a fair balance between the requirements of the general interest of the community and the applicant’s right to peaceful enjoyment. In a judgment delivered on 2 August 2001 in the case of Elia S.r.l. v. Italy , the European Court of Human Rights held by six votes to one that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the European Convention on Human Rights. The Court reserved the question of just satisfaction under Article 41 of the Convention. This judgment is not final. Pursuant to Article 43 , Section 1 of the Convention, within three months from the date of the judgment of a Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 1. Principal facts The applicant, Elia S.r.l., is an Italian private company whose registered office is in Rome. The applicant company owns approximately 65 , 000 square metres of land in the
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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