tomasz.urbas
22.02.05, 17:31
FOR THESE REASONS, THE COURT
1. Holds unanimously that there has been a violation of Article 1 of
Protocol No. 1 of the Convention;
2. Holds unanimously that the above violation has originated in a systemic
problem connected with the malfunctioning of domestic legislation in that it
imposed, and continues to impose, on individual landlords restrictions on
increases in rent for their dwellings, making it impossible for them to
receive rent reasonably commensurate with the general costs of property
maintenance;
3. Holds unanimously that, in order to put an end to the systemic violation
identified in the present case, the respondent State must, through the
appropriate legal or other measures, secure a reasonable level of rent to the
applicant and other persons similarly situated, or provide them with a
mechanism mitigating the above-mentioned consequences of the State control of
rent increases for their right of property;
4. Holds by 6 votes to 1 that, as far as the financial award to the
applicant for any pecuniary or non-pecuniary damage resulting from the
violation found in the present case is concerned, the question of the
application of Article 41 is not ready for decision and accordingly,
(a) reserves the said question as a whole;
(b) invites the Government and the applicant to submit, within six months
from the date on which the judgment becomes final according to Article 44 § 2
of the Convention, their written observations on the matter and, in
particular, to notify the Court of any agreement that they may reach;
(c) reserves the further procedure and delegates to the President of the
Chamber the power to fix the same if need be;
5. Holds unanimously
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final according to Article 44 § 2
of the Convention, EUR 13,000 (thirteen thousand euros) in respect of costs
and expenses incurred up to date, to be converted into the national currency
of the respondent State at the rate applicable at the date of settlement,
plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount at a rate
equal to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
Done in English, and delivered in writing on 22 February 2005.
Michael O'Boyle Nicolas Bratza
Registrar President