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Brumarescu v. Romania, (28342/95) [1999] ECHR 105 28 October 1999

Facts: the applicant's parents' house was nationalised without payment of compensation. The applicants brought proceedings against the State. The applicant regained possession of the house but a later judgment held that the house had passed into State ownership under a legislative. The tax authorities therefore informed the applicant that the house would be reclassified as State property.

Complaint: violation of article 6§1 and article 1 of the Convention.

Holding: the Court found a violation of article 6 and a violation of article 1.

Reasoning: the applicant's title represented a “possession” under article 1. The judgment of the Supreme Court of Justice interfered with the applicant's right of property as guaranteed by that article because it deprived the applicant of the rights of ownership of the house vested in him by the final judgment in his favour at first instance. No evidence was found so that the requisite fair balance had been upset since the applicant had borne and continued to bear an individual and excessive burden.

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