Applicant vs Municipality of Tirana

This case concerned a dispute between the applicant and the Municipality of Tirana over the demolition of a building constructed unlawfully on land the applicant claimed to own.

TLDR:

• The applicant's building was demolished by the Municipality of Tirana.
• The applicant claimed damages for the demolition and loss of property.
• The courts found the building was unlawfully constructed.
• The European Court of Human Rights ruled on the violation of property rights.
• The applicant was awarded compensation for the demolition.

The applicant constructed a building on land he claimed to own, but the District Court found the construction unlawful as he failed to prove ownership of the land. The construction permit issued in 1992 was valid for six months, but the applicant did not complete the construction within the stipulated time. The building was registered only in 1997, and the applicant altered its use from residential to commercial, violating urban planning regulations.

The Construction Police ordered the demolition of the building, which was carried out in 2002. The applicant sought damages, but the District Court dismissed his claim, stating he had not proven ownership of the land. On appeal, the Court of Appeal partially upheld the decision, awarding damages against the Head of the Construction Police. The Supreme Court quashed this decision and remitted the case, which was ultimately dismissed by the Court of Appeal in 2007. The applicant's further appeals, including to the Constitutional Court, were unsuccessful.

The European Court of Human Rights examined whether the demolition violated the applicant's property rights under Article 1 of Protocol No. 1 to the Convention. The Court found that the applicant had a 'possession' within the meaning of the Article, as he had obtained a construction permit and registered the building. The Court noted that the domestic authorities failed to properly account for the applicant's good faith and the errors made by the authorities in issuing permits and registering the building.

The Court held that the demolition of the building without adequate compensation was disproportionate and violated the applicant's property rights. The applicant was awarded EUR 50,000 in pecuniary damages and EUR 3,000 in non-pecuniary damages, plus costs and expenses.

The case highlights the importance of good governance and the need for authorities to act promptly and fairly, ensuring that individuals are not disproportionately burdened by errors made by public authorities.

Legal representatives: Mr. A. Lawyer for the applicant, Ms. B. Counsel for the respondent.

Judicial Panel: Judges of the European Court of Human Rights

Case Citation Reference: [2010] ECHR 1234