Human Rights Update – A1-P1 cases decided in March 2019
The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of March 2019:
- Arnaboldi v. Italy (appl. no. 43422/07) – the ECtHR declared a breach of A1-P1 in a case where the owner of a property in Livorno, Italy, was directed by the Italian courts to bring his action for compensation exclusively against an insolvent company. This company conducted the expropriation on behalf of the Italian government.
- Yavas and others v. Turkey (appl. no. 36366/06) – the ECtHR declared that a private pension fund set up to cover the main functions of other state pension funds within a particular sector constituted a public institution within the meaning of the Convention.
- Zulfikari and Pekcan v. Turkey (appl. no. 6372/05) – the ECtHR declared that the forced takeover of a publicly-listed bank had no lawful basis in Turkish law and therefore breached the minority shareholders' economic rights as protected by A1-P1.
- Quilichini v. France (appl. no. 38299/15) – the ECtHR declared a breach of A1-P1 in a case where the applicant, a child born out of wedlock, was discriminated against on the basis of transitory provisions within French succession law that placed a quota on her capacity to inherit.