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Broniowski v Poland,
(application no. 31443/96), 22 June 2004
Facts: The applicant’s grandmother was
repatriated after Poland’s
eastern border had been redrawn along the
Bug River
after World War II. Poland
undertook to compensate those who repatriated and had to abandon their
properties. However, since the entry into force of the Local Government Act of 10 May 1990,
local administration, while still obliged to meet these compensation claims,
has had insufficient land to meet the various demands. The applicant, entitled
to compensatory property, has not yet received compensation for the property
abandoned by his grandmother.
Complaint: breach of Article 1 of the
Convention because the applicant’s entitlement to compensation for property
abandoned in the territories beyond the
Bug River
had not been satisfied.
Holding: The Court found a violation of the applicant’s
right to property, under Article 1 of the Convention. Through appropriate
legal measures and administrative practices, Poland must secure the
implementation of the property right in question in respect of the
remaining
Reasoning: Considering the impact on the applicant over many
years of the Bug
River legislative scheme as operated in
practice, the Court concluded that, as an individual, the applicant had had to
bear a disproportionate and excessive burden which could not be justified in
terms of the legitimate general community interest pursued by the authorities.
Accordingly, there had been a violation of Article 1.
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