Whether in an action for restitution of property under domestic laws that conflicted with Article 1 of Protocol No 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’), the latter was to be given priority.
Whether domestic courts were required to determine whether a respondent in an action for restitution of property also possessed the asset within the meaning of the ECHR.
Whether the acceptance of an action for restitution of property in which both parties owned an asset within the meaning of the ECHR would infringe the property right of another and legal certainty.
Users without a subscription are not able to see the full content. Please subscribe, or log in via the Sign in panel on the left of this screen to access all subscribed content.