CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 octobre 2017
- ECLI
- ECLI:CEDH:001-178401
- Date
- 11 octobre 2017
- Publication
- 11 octobre 2017
droits fondamentauxCEDH
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Their particulars are indicated in the Appendix. The circumstances of the cases The facts of the cases, as submitted by the applicants, may be summarised as follows. On various dates various State authorities expropriated or demolished the applicants’ houses, flats, non-residential properties and/or plots of land (“the properties”), on the basis of orders issued by them or without any orders, for various reasons (see Appendix). By way of compensation for the expropriated properties, some applicants were paid a certain amount of money, while others were provided with other properties. Some applicants were not given any compensation at all (see Appendix). On various dates the applicants lodged a complaint with the respective first-instance courts (see Appendix). They complained of breaches of their property rights, in particular that the expropriation or demolition of their properties had not been carried out in accordance with the law. They also complained that the compensation offered or already provided by the State authorities had been unfair and inadequate, arguing that the actual market value of their properties had been much higher or asking for monetary compensation instead of alternative properties. In support of their complaints, some applicants submitted expert valuations of their properties. The applicants asked for the return or restoration of their properties or fair compensation. Some applicants also lodged claims in respect of pecuniary damage, including loss of profit, and non-pecuniary damage for their suffering as a result of the expropriation or demolition of their properties. On various dates (see Appendix), the relevant first-instance courts dismissed or, in some cases, partly upheld the applicants’ complaints, ordering the State authorities to pay them a certain amount of money or provide a similar property as compensation (see Appendix). On various dates (see Appendix) the appellate courts and the Supreme Court dismissed or partly upheld the applicants’ appeals, largely reiterating the lower courts’ reasoning. The judgments of the domestic courts in applications nos. 13058/10, 16276/13, 36697/16 and 67851/12 have not been enforced. In respect of application no. 32088/11 it is to be noted that only two applicants lodged a cassation appeal with the Supreme Court which were dismissed as no breach of their rights had been found. After repeated pressure by officials of the Baku City Executive Authority, on 15 January and 11 March 2013 the applicants in application no. 67851/12 signed statements in a public notary’s office indicating that they agreed with the amount of compensation proposed and waived all pending and future claims before the domestic courts and the Court. On an unspecified date they also signed a sale contract for the respective property, which had already been demolished, on the basis of which on 17 March 2013 the BCEA paid them the money actually to be paid under the judgment. On 7 May 2013 the public notary’s office declared the registration of their statements invalid as they had been signed under duress. On 8 August 2014 Mr I. Aliyev, the lawyer of the applicant in application no. 54572/13, was arrested on charges of tax evasion, illegal entrepreneurship and abuse of authority. During a search of his office, a number of documents were seized by the State authorities, including all the case files relating to applications before the Court that were in his possession as a representative. On 25 October 2014 some of the seized documents were returned to Mr J. Javadov, Mr. I. Aliyev’s counsel. COMPLAINTS 1.     The applicants complain under Article 1 of Protocol No. 1 to the Convention that the expropriation/demolition of their properties amounted to an unlawful and unjustified interference with their property rights. They further complain that the compensation provided for the properties was unfair and inadequate. 2.     The applicants (except those in applications nos. 48665/13 and 39211/17) complain under Article 6 § 1 of the Convention that the civil proceedings instituted by them in connection with the expropriation/demolition of their properties were unfair; in particular that the domestic courts delivered unreasoned judgments by failing to properly verify the compliance of the interference with the applicable domestic legislation. 3.     The applicants in applications nos. 13058/10, 16276/13 and 36697/16 complain under Article 6 § 1 of the Convention about the non-enforcement of the respective judgments of the domestic courts. 4.     The applicants in application no. 67851/12 complain under Article 6 §   1 of the Convention about the non-enforcement of the respective judgment of the domestic court and payment of the sum due by the BCEA on the basis of a sale contract for the property, already demolished, and after signing statements indicating that they agreed with the amount and waived all pending and future claims before the domestic courts and the Court. 5.     The applicant in application no. 12836/13 complains Article 6 § 1 of the Convention that his right to a trial within a reasonable time was breached. 6.     The applicants in applications nos. 61496/12, 16276/13, 70227/14 and 19381/16 complain under Article 8 of the Convention that the unlawful expropriation or demolition of their properties and/or their unlawful eviction from them amounted to a violation of their right to respect for their home. 7.     The applicants in applications nos. 1776/09, 4306/09, 64762/09, 1213/11, 66035/11, 54136/12, 61496/12, 67851/12, 7949/13, 12836/13, 16276/13, 19381/16, 36697/16, 43408/16 and 39211/17 complain, under Article 13 of the Convention in conjunction with Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention, that they were not afforded a remedy providing effective protection against the violation of their rights. 8.     The applicant in application no. 54572/13 complains that by seizing his case file from Mr I. Aliyev’s office in August 2014, the State hindered the effective exercise of his right of application under Article 34 of the Convention. 9.     The applicants in application no. 67851/12 complain that by pressuring them to sign the statements waiving pending or future complaints before the Court, the State hindered the effective exercise of their right of application under Article 34 of the Convention.   COMMON QUESTIONS 1.     Were the applicants deprived of their 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 to the Convention? Moreover, was the compensation provided to them fair and adequate? In particular, how was that deprivation classified under domestic law (expropriation, nationalisation, confiscation, or other)? What deed (document or physical action of a public authority) constituted an interference in the present cases? What was the law applicable to the relevant form of deprivation of property? What were the substantive and procedural conditions required by the applicable law for the relevant form of deprivation of property to be lawful, and were those conditions complied with in the present cases? What was the legal basis for the actions and decisions of the relevant State authorities in the present cases, and did they have competence under domestic law to take decisions resulting in the deprivation of privately owned property, as in the present cases? If the interference was lawful, did it impose an excessive individual burden on the applicants (see, mutatis mutandis, Immobiliare Saffi v. Italy, [GC], no.   22774/93, § 59, ECHR 1999-V)?   2.     Did the applicants (except those in applications nos. 48665/13 and 39211/17) have a fair hearing in the determination of their civil rights and obligations in the proceedings concerning the violation of their property rights, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants’ right to a reasoned judgment respected? CASE SPECIFIC QUESTIONS 1.     In respect of application no. 32088/11: Did all the applicants exhaust the domestic remedies as required by Article 35 § 1 of the Convention? In particular, in view of the Supreme Court’s decision on the appeal on points of law lodged by two of the applicants, can that remedy be considered effective within the meaning of the above provision in respect of the other applicants who failed to avail themselves of it?   2.     In respect of applications nos. 13058/10, 16276/13 and 36697/16: Was the non-enforcement of the judgments in the applicants’ favour contrary to Article 6 § 1 of the Convention?   3.     In respect of application no. 67851/12: Was the non-enforcement of the respective judgment of the domestic court and, instead, payment of the sum due to the applicants by the Baku City Executive Authority (“the BCEA”) on the basis of a sale contract regarding their property allegedly concluded under pressure, contrary to Article   6 §   1 of the Convention?   4.     In respect of application no. 12836/13: Was the length of the civil proceedings in breach of the “reasonable time” requirement of Article   6 §   1 of the Convention?   5.     In respect of applications nos. 61496/12, 16276/13, 70227/14 and 19381/16: Has there been an interference with the applicants’ right to respect for their home, within the meaning of Article   8 §   1 of the Convention, on account of the expropriation/demolition of their properties and their eviction from them by the State authorities? If so, was that interference in accordance with the law and necessary in terms of Article   8 §   2?   6.     In respect of applications nos. 1776/09, 4306/09, 64762/09, 1213/11, 66035/11, 54136/12, 61496/12, 67851/12, 7949/13, 12836/13, 16276/13, 19381/16, 36697/16, 43408/16 and 39211/17: Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 6 and 8 of the Convention and Article   1 of Protocol No. 1 to the Convention, as required by Article   13 of the Convention?   7.     In respect of application no. 54572/13: In view of the seizure of the applicant’s case file from Mr I. Aliyev’s office on 8 and 9 August 2014, has the State hindered the effective exercise of the applicant’s right of application under Article 34 of the Convention?   8.     In respect of application no. 67851/12: In view of the alleged pressure by the officials of the BCEA on the applicants to sign statements that also included a waiver of pending or future complaints before the Court, has the State hindered the effective exercise of the applicants’ right of application under Article 34 of the Convention?   9.     The parties are requested to provide, where relevant and available, necessary documentary evidence in support of their replies and submissions, excluding the documents which have already been sent to the Court.   APPENDIX   No   Appli-cation no. Lodged on Applicant’s name Date of birth Place of residence Nationality (in respect of applicant companies: their name, type and place of registered office) Represented by Expropriating/demolishing   State authority Legal basis (relied on by the State authority) Purpose/reason of the expropriation/demolition (declared by the State authority) Expropriated/ demolished property Compensation given initially (I) by court decision (CD) Domestic courts’ judgments/decisions   1 1776/09 17/12/2008 Solmaz ORUJOVA 1936 Shabran Azerbaijan No representative Davachi District Executive Authority No legal basis Construction of a statue   A kiosk and a plot of land in Davachi I: no compensation CD: no compensation First set of proceedings: Davachi District Court, 01/07/2008 Sumgayit Court of Appeal, 04/09/2008, Supreme Court, 05/11/2008 Second set of proceedings: Gubadli District Court, 12/05/2009 Sumgayit Court of Appeal, 14/09/2009 Supreme Court, 11/02/2010 2 4306/09* 05/01/2009 Eyyub TAHIROV 1967 Baku Azerbaijan   Rustam ZULFUGAROV Gabala District Executive Authority Presidential Decree of 14/10/2005 on an action plan for improving the socio-economic development of the regions To replace old, bad-looking buildings with new ones A department store building used as a wedding palace in Gabala I: no compensation CD: no compensation Gabala District Court, 24/09/2007 Sheki Court of Appeal, 21/02/2008 Supreme Court, 15/07/2008 3 64762/09* 30/11/2009 Mubariz ASADOV 1969 Baku Azerbaijan Ruslan MUSTAFAZADE Gabala District Executive Authority Judgment of the Sheki Appeal Court of 19/11/2008 It was an unlawful construction based on a report of 13/08/2006 of the Ministry of Emergency Situations A petrol station in Gabala I: no compensation CD: no compensation Gabala District Court, 18/04/2008 Sheki Court of Appeal, 19/11/2008 Supreme Court, 20/04/2009 (served on 30/05/2009) 4 13058/10 22/02/2010 Shahmir MAMMADOV 1956 Baku Azerbaijan   Navaid ABBASOV Ismayilli District Executive Authority Decisions of 28/02/2004 and 05/01/2005 of the Cabinet of Ministers Landscaping of the Muganli-Ismayilli highway A cafe in Ismayilli and the plot of land underneath it I: no compensation CD: AZN 9,572 Ismayilli District Court, 03/11/2008 Sheki Court of Appeal, 07/04/2009 Supreme Court, 10/09/2009 (served on 15/04/2014) 5 1213/11* 15/12/2009 Elman DAMIROV 1948 Baku Azerbaijan Akif DAMIROV 1948 Baku Azerbaijan No representative A company, M., under the Union of Architects Order of 21/07/1988 by the Baku City Executive Committee (predecessor of the Baku City Executive Authority) Construction of a private building 1/9 (both together) of house no. 106 Gadirli Street, Baku I: no compensation CD: no compensation Yasamal District Court, 11/04/2008 Baku Court of Appeal, 23/01/2009 Supreme Court, 18/06/2009 6 8075/11 21/01/2011 Solmaz AGAYEVA 1931 Baku Azerbaijan No representative A private company, G., empowered by the Baku City Executive Authority Order of 03/09/2004 of the head of the BCEA Construction of a private building A garage in Qirmizi Sherg quarter, Baku I: no compensation CD: AZN 12,480 Yasamal District Court, 19/03/2009 Baku Court of Appeal, 17/03/2010 Supreme Court, 30/07/2010 7 32088/11* 28/04/2011 Sultan GADIROV 1957 Aydin RAMAZANOV 1937 Mehman AGHAYEV 1966 Tebibe AGHAYEVA 1965 Murad AGHAYEV 1990 Leyla AGHAYEVA 1991 Nijat AGHAYEV 1994 Sonabeyim AGHAYEVA 1948 Rovshen AGHAYEV 1974 Vusal AGHAYEV 1993 Mirze AGHAYEV 1996 Metleb AGHAYEV 1971 Alasgar ALASGAROV 1929 Zuleykha ALASGAROVA 1932 Bekhtiyar ALASGAROV 1962 Kemale ALASGAROVA 1992 Kamran ALASGAROV 1994 Abbas ALIYEV 1921 Sura ALIYEVA 1923 Alasgar ALIYEV 1962 Guler ALIYEVA 1960 Renat ALIYEV 1984 Leyla ALIYEVA 1985 Eldar BAYRAMOV 1967 Afet BAYRAMOVA 1977 Taghi BAYRAMOV 1995 Zeyneb BAYRAMOVA 1933 Ismet BAYRAMOV 1959 Malik BAYRAMOV 1970 Jamil JAMALOV 1963 Letafet JAMALOVA 1969 Mammadhasan JAMALOV 1989 Aysel JAMALOVA 1990 Ayten JAMALOVA 1993 Javidan JAMALZADE 1996 Arif MAMMADOV 1966 Seyahet MAMMADOVA 1971 Farida MAMMADOVA 1989 Akif MAMMADOV 1992 Yusif MUKHTAROV 1939 Yelena MUKHTAROVA 1945 Azer MUKHTAROV 1975 Fazil MUKHTAROV 1966 Nergiz MUKHTARLI 1995 Rafig MAMMADOV 1954 Nargiz MAMMADOVA 1960 Konul MAMMADOVA 1992 Naghi NAGHIYEV 1947 Hidayet NAGHIYEV 1976 Sona NAGHIYEVA 1980 Lale NAGHIYEVA 1988 Shahin NIYAZOV 1967 Guller NIYAZOVA 1966 Ramin NIYAZOV 1988 Aydin NURIYEV 1945 Pakize NURIYEVA 1958 Mehbare NURIYEVA 1978 Kamil NURIYEV 1975 Metanet NURIYEVA 1980 Dilber NURIYEVA 1976 Mohubbet NURIYEV 1947 Hegiget NURIYEVA 1951 Sedaget NURIYEVA 1977 Sekhavet NURIYEV 1980 Rufet NURIYEV 1989 Zuleykha GADIROVA 1958 Arzu GADIROVA 1985 Asad GADIROV 1987 Farida GADIROVA 1991 Arzu GARAYEVA 1978 Bahram GARAYEV 1994 Efsane GARAYEVA 1995 Kifayet SAFAROVA 1947 Jeyran RAMAZANOVA 1972 Taleya RAMAZANOVA 1976 Aynur RAMAZANOVA 1978 Yusif TAPDIGOV 1959 Nargila TAPDIGOVA 1959 Irada TAPDIGOVA 1987 Bakhtiyar TAPDIGOV 1988 Arastun TAPDIGOV 1992 Geray SHIKHALIYEV 1934 Place of residence: Absheron (in respect of all applicants) Nationality: Azerbaijan (in respect of all applicants) Elman MUSTAFAYEV Mehdiabad municipality No legal basis Construction of a special purpose State building Plots of land in Mehdiabad settlement, Absheron district I: no compensation CD: no compensation Absheron District Court, 26/12/2008 Sumgayit Court of Appeal, 01/03/2009 Supreme Court, 24/11/2010 (in respect of applicants Sultan Gadirov and Aydin Ramazanov) 8 49566/11* 28/07/2011 Ekaterina ELDERKHANOVA 1988 Baku Azerbaijan Settar MANAFOV 1951 Baku Azerbaijan Alihasan ELDARKHANOV 1960 Baku Azerbaijan Gasim GULIYEV 1958 Baku Azerbaijan Roman MAMMADOV 1975 Baku Azerbaijan Alik RZAYEV 1947 Baku Azerbaijan Jabbar HASANOV Baku City Executive Authority Order of 31/10/2008 of the head of the BCEA Landscaping of the National Flag Square Complex Garages in Bayil settlement, Baku I: no compensation CD: no compensation Sabail District Court, 02/03/2010 Baku Court of Appeal, 14/07/2011 Supreme Court, 28/01/2011 9 66035/11* 10/10/2011 JSC GUBA KONSERV 1 Private company with registered office in Guba Jafar GARIBOV Guba District Executive Authority No legal basis Renovation of Heydar Aliyev Avenue A warehouse, club and tasting room in Guba I: no compensation CD: no compensation Sumgayit Local Economic Court, 05/04/2010 Sumgayit Court of Appeal, 06/09/2010 Supreme Court, 27/04/2011 10 54136/12* 10/08/2012 Mubariz ASADOV 1969 Baku Azerbaijan No representative Azerenergy OJSC No legal basis Construction of overhead power lines A plot of land in Gabala I: no compensation CD: no compensation Gabala District Court, 10/06/2010 Sheki Court of Appeal, 01/07/2011 Supreme Court, 10/01/2012 (served on 10/02/2012) 11 61496/12* 21/09/2012 Nizami HASANOV 1950 Baku Azerbaijan Fuad AGAYEV Nasimi District Executive Authority Order of 03/03/2010 of the head of the NDEA Construction of a synagogue House no.31, apts. no. 12 and 14 Fuzuli Street, Baku and the plot of land underneath and/or attached to the house I: AZN 263,100 CD: no compensation Nasimi District Court, 16/09/2011 Baku Court of Appeal, 16/11/2011, Supreme Court, 27/03/2012 12 66400/12 02/10/2012 Eyvaz AGAYEV 1969 Baku Azerbaijan Vagif HAJIBEYLI Saatli District Executive Authority No legal basis Not declared Two business properties in Saatli I: no compensation CD: no compensation Shirvan Administrative-Economic Court, 01/08/2011 Shirvan Court of Appeal, 27/12/2011 Supreme Court, 11/05/2012 13 67851/12* 19/10/2012 Gurban ALIYEV 1949 Baku Azerbaijan Ulkar MAHARRAMOVA 1955 Baku Azerbaijan Hasan MAHARLAMOV 1980 Baku Azerbaijan   Fuad AGAYEV   Sabail District Executive Authority No legal basis It was in a damaged condition A shop and cafe at 95 Neftchilar Avenue, Baku and the plot of land underneath it I: no compensation CD: AZN 372,121 Sabail District Court, 17/06/2011 Baku Court of Appeal, 15/11/2011 Supreme Court, 27/04/2012   14 7949/13* 07/01/2013 “UMID-T” LLC Private company with registered office in Baku Mukhtar MUSTAFAYEV Azeryolservis OJSC No legal basis Not declared A petrol station in Bina settlement, Baku and the land underneath it I: AZN 400,000 CD: no additional compensation Baku Administrative-Economic Court No.1, 20/12/2011 Baku Court of Appeal, 16/05/2012 Supreme Court, 24/10/2012 15 12748/13 04/02/2013 FIRM NIYAL Private company with registered office in Baku Agaveys SHAHVERDI Baku City Executive Authority and the State Committee on Property Issues No legal basis Construction of a Presidential residence A restaurant at 5 A. Abdulrahimov Street, Baku and the land underneath it I: no compensation CD: AZN 302,000 Baku Administrative-Economic Court No.1, 07/04/2011 Baku Court of Appeal, 06/03/2012 Supreme Court, 06/08/2012   16 12836/13* 15/02/2013 Rashid BAYRAMZADE 1954 Baku Azerbaijan           Shafa JAMALZADE A private company, E., empowered by the Baku City Executive Authority Order of 04/03/2003 of the head of the BCEA Construction of a private building House no.1 Mardanov Brothers Street, 4 Side Street, Baku and the land underneath it I: no compensation CD: AZN 93,500 Nasimi District Court, 25/10/2011 Baku Court of Appeal, 13/03/2012 Supreme Court, 14/08/2012 (served on 18/09/2012) 17 16276/13* 28/02/2013 Suraya GURBANOVA 1964 Baku Azerbaijan Fuad AGAYEV Sabail District Executive Authority No legal basis It was in a damaged condition House no. 97, apts. no. 20/21 and 25/23 Neftchilar Avenue, Baku I: no compensation CD: AZN 455,095 Sabail District Court, 22/10/2010 Baku Court of Appeal, 15/12/2012 Supreme Court, 26/08/2012 18 45036/13 03/07/2013 Mehrali MAMMADOV 1966 Baku Azerbaijan Vagif ALIYEV Baku City Executive Authority Orders of 15/03/2014 and 10/01/2008 of the head of the BCEA Construction of Baku international bus station by a private company, B. A cafe at 19 Tbilisi Highway, Baku and the plot of land underneath and attached to it I: no compensation CD: AZN 20,000 Baku Local Economic Court No. 1, 23/07/2010 Baku Court of Appeal, 02/04/2012 Supreme Court, 25/09/2012 (served on 01/02/2013) 19 48665/13 15/07/2013 Ildirim SADIGOV 1949 Tartar Azerbaijan No representative Tartar District Executive Authority Order of 10 March 2008 of the head of the TDEA Landscaping A cafe in Tartar I: no compensation CD: AZN 17,008 Ganja Local Economic Court, 28/01/2010 Ganja Court of Appeal, 19/06/2012 Supreme Court, 11/02/2013   20 54143/13   * 23/08/2013 Lev ISKOLSKIY 1939 Shoreline, the State of Washington (the U.S.) The United States of America Mukhtar MUSTAFAYEV State Office of the Historical and Architectural Reserve of Icherisheher No legal basis It was in protection zone of the Old City Walls House no.8, apts. no. 9, 11 and 17 Istiglaliyyat Street, Baku and the land underneath it I: no compensation CD: AZN 290,000 Baku Administrative-Economic Court No.1, 09/07/2012 Baku Court of Appeal, 24/20/2012 Supreme Court, 30/01/2013 (served on 06/03/2013) 21 54572/13 05/08/2013 Islam SADIGOV Unspecified Baku Azerbaijan   Intigam ALIYEV Yasamal District Executive Authority Order of 06/03/2007 of the head of the YDEA Landscaping of the area and demolition of unlawful properties A shop on Khiyabani Street, Baku I: no compensation CD: no compensation Baku Administrative-Economic Court. No. 1, 05/06/2012 Baku Court of Appeal, 05/09/2012 Supreme Court, 16/01/2013 (served on 05/02/2013) 22 39342/14 15/05/2014 Esmira ABDULLAYEVA 1969 Gadabay Azerbaijan Yusif ABDULLAYEV 1988 Gadabay Azerbaijan Rusif ABDULLAYEV 1989 Gadabay Azerbaijan Bahadur ABDULLAYEV 1992 Gadabay Azerbaijan Nemat HEYDAROV Gadabay District Executive Authority No legal basis Landscaping A shop and hotel in Gadabay and the plots of land underneath and attached to them I: no compensation CD: AZN 31,586.10 Ganja Administrative-Economic Court, 21/06/2013 Ganja Court of Appeal, 14/11/2013 Supreme Court, 13/02/2014 23 42227/14* 29/05/2014 Moshe KISHON 1953 Jerusalem, Israel Israel Mukhtar MUSTAFAYEV A private company, K., empowered by the Baku City Executive Authority Order of 17/08/2005 of the head of the BCEA Construction of a private building Part of house no. 161 Dilara Aliyeva Street, Baku I: no compensation CD: no compensation After court proceedings: AZN 66,500 based on sale contract of 28/03/2014 Binagadi District Court, 03/12/2012 Baku Court of Appeal, 08/05/2013 Supreme Court, 01/11/2013 (served on 02/12/2013) 24 70227/14 14/10/2014 Solmaz KARIMOVA 1953 Gabala Azerbaijan Shafa JAMALZADE Gabala District Executive Authority No legal basis It was in a damaged condition House no. 9, apt. no. 14 and 28 May Street, Gabala I: a new flat CD: no additional compensation Sheki Administrative-Economic Court, 11/12/2012 Sheki Court of Appeal, 06/12/2013 Supreme Court, 27/03/2014 (served on 15/04/2014) 25 36510/15 22/07/2015 Rafail TAGIYEV 1963 Baku Azerbaijan Mukhtar MUSTAFAYEV Ganja City Executive Authority No legal basis Not declared Two shops and a bakery in Ganja I: no compensation CD: no compensation Ganja Administrative-Economic Court, 21/08/2014 Ganja Court of Appeal, 30/10/2014 Supreme Court, 14/01/2015 (served on 24/02/2015) 26 19381/16* 05/04/2016 Emma SHIRINOVA 1952 Wetzlar, Germany Germany Dilshad SHIRINOVA 1959 Wetzlar, Germany Azerbaijan Fuad AGAYEV Narimanov District Executive Authority Order of 06/04/2011 of the head of the NDEA It was in a damaged condition House no. 146/148 and apt. no. 56 Azadliq Avenue, Baku (second applicant had right to use) I: AZN 80,000 (paid during court proceedings) CD: no compensation Sabail District Court, 01/10/2014 Baku Court of Appeal, 07/04/2015 Supreme Court, 05/10/2015 27 22252/16 11/04/2016 Vahid MAMMADOV 1954 Azerbaijan Moscow, Russia Russia Jeyhun ABDULAZIMOV A private company, P., empowered by the Baku City Executive Authority Order of 18/10/2012 of the head of the BCEA Construction of a private building Part of house no. 20 F. Ganbarov Street, Baku I: no compensation CD: AZN 107,360 Khatai District Court, 11/06/2014 Baku Court of Appeal, 07/05/2015 Supreme Court, 20/10/2015 28 36697/16 22/06/2016 Firuz VERDIYEV 1960 Ganja Azerbaijan Safayat VERDIYEVA 1967 Ganja Azerbaijan Mukhtar MUSTAFAYEV Kapaz District Executive Authority No legal basis Not declared A car wash and repair centre in Ganja and the plot of land underneath and attached to it I: no compensation CD: AZN 52,000 Ganja Administrative-Economic Court, 28/02/2014 Ganja Court of Appeal, 30/06/2015 Supreme Court, 09/12/2015 (served on 12/02/2016) 29 43408/16* 01/07/2016 Fikrat JAFAROV 1968 Baku Azerbaijan Khalid BAGIROV Baku Metropolitan Decision of 01/11/1986 of Baku City Council of People’s Deputies Construction of an electricity depot for metro station D. A house in the 7 th micro district, 3126 quarter and the land underneath and attached to it I: AZN 50,000 CD: AZN 28,000 in addition Baku Administrative-Economic Court No.1, 04/06/2015 Baku Court of Appeal, 06/10/2015 Supreme Court, 10/05/2016 30 57461/16 19/09/2016 Etibar ALIYEV 1966 Gadabay Azerbaijan Famil MAMMADOV Gadabay District Executive Authority Order of 29/12/2014 of the head of the GDEA Landscaping A shop in Ganja I: no compensation CD: no compensation Ganja Administrative-Economic Court, 18/05/2015 Ganja Court of Appeal, 12/10/2015 Supreme Court, 02/03/2016 (served on 31/03/2016) 31 39211/17 18/05/2017 Aslan AHMADOV 1957 Baku Azerbaijan No representative Baku City Executive Authority Order of the head of the BCEA (date unspecified) Construction of a mosque A plot of land in Binagadi, Baku I: no compensation CD: no compensation Baku Administrative-Economic Court No.1, 15/04/2016 Baku Court of Appeal, 28/06/2016 Supreme Court, 01/12/2016    Citations
Aucune citation répertoriée pour cette décision.
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 11 octobre 2017
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-178401
Données disponibles
- Texte intégral
- Résumé officiel