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WyrokETPCz2014-09-25
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Kwestia słusznego zadośćuczynienia na podstawie art. 41 Konwencji w następstwie stwierdzenia naruszenia art. 1 Protokołu nr 1, dotyczącego odmowy przyznania emerytury.Ratio decidendi
Trybunał, po stwierdzeniu w głównym wyroku naruszenia art. 1 Protokołu nr 1 z powodu niezapewnienia sprawiedliwej równowagi między interesem publicznym a ochroną praw skarżącego w kontekście odmowy przyznania emerytury, określił wysokość słusznego zadośćuczynienia. Ustalono kwoty niezbędne do zrekompensowania skarżącemu poniesionej szkody majątkowej i niemajątkowej, a także zwrotu kosztów i wydatków, zgodnie z art. 41 Konwencji.Stan faktyczny
Skarżący, Anton Klein, obywatel Austrii, urodzony w 1932 r., mieszka w Wiedniu. Wiedeńska Izba Adwokacka odmówiła mu przyznania emerytury, mimo że przez całą karierę adwokacką opłacał składki do funduszu emerytalnego. Odmowa była uzasadniona utratą prawa do wykonywania zawodu oraz członkostwa w Izbie w wyniku ogłoszenia upadłości.Rozstrzygnięcie
Trybunał zasądził słuszne zadośćuczynienie w wysokości 420 701,41 EUR z tytułu szkody majątkowej, 10 000 EUR z tytułu szkody niemajątkowej oraz 10 000 EUR z tytułu kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 270 (2014)
25.09.2014
Judgments concerning Austria, Greece, and Sweden
The European Court of Human Rights has today notified in writing the following four Chamber
judgments1, none of which is final. The judgments in French are indicated with an asterisk (*).
The Court has also delivered today its judgment in the case of Karimov v. Azerbaijan (no. 12535/06), for which a separate
press release has been issued.
Just Satisfaction
Klein v. Austria (application no. 57028/00)
The applicant, Anton Klein, is an Austrian national who was born in 1932 and lives in Vienna. The
case concerned his complaint that the Vienna Chamber of Lawyers refused to grant him an old-age
pension, even though he had paid contributions to its pension fund throughout his career as a
lawyer. The refusal was based on the grounds that, having gone bankrupt, he had lost his right to
practice as well as his membership of the Chamber. He relied in particular on Article 1 of Protocol
No. 1 (protection of property) to the European Convention on Human Rights.
In its principal judgment of 3 March 2011 the Court held that there had been a violation of Article 1
of Protocol No. 1. It found in particular that, by completely depriving Mr Klein of all of his
entitlements to a pension, after he had contributed to the compulsory pension scheme during his
entire career both individually and collectively (when he provided mandatory services in the context
of legal aid), a fair balance had not been struck between the demands of the public interest and the
protection of Mr Klein’s individual rights.
Today’s judgment concerned the question of just satisfaction (Article 41 of the Convention).
Just satisfaction: 420,701.41 euros (EUR) (pecuniary damage), EUR 10,000 (non-pecuniary damage),
and EUR 10,000 (costs and expenses)
Logothetis and Others v. Greece (no. 740/13)*
The 16 applicants are Greek, Romanian, Ukrainian, Turkish and United States nationals. They were
detained or continue to be detained in Nafplio Prison, serving a variety of custodial sentences.
Relying on Article 3 (prohibition of inhuman or degrading treatment) of the Convention, the
applicants complained about their conditions of detention, and especially of overcrowding in the
facility.
Violation of Article 3 – on account of the lack of sufficient personal space for the applicants
Just satisfaction: The Court awarded each of the 16 applicants a sum of between EUR 5,000 and EUR
15,000 in respect of non-pecuniary damage, and EUR 2,000 to the applicants jointly in respect of
costs and expenses.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a judgment’s
delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five
judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final
judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Viaropoulou and Others v. Greece (nos. 570/11 and 737/11)*
The applicants, Ms Eleni Viaropoulou, Ms Eirini Viaropoulou, Mr Panayotis Viaropoulos, Mr Lambros
Viaropoulos and Ms Eleni Malama, are Greek nationals who were born in 1952, 1988, 1984, 1958
and 1943 respectively and live in Athens.
The case concerned the fixing of the rate of default interest payable by the State. In January 2001
the Ministers of the Economy, Culture and Sport decided to expropriate an area of land in Galatsi
measuring 91,101 sq. m, part of which belonged to the applicants, with a view to constructing a
stadium for the 2004 Olympic Games.
In connection with the payment of compensation for expropriation, the applicants alleged that the
6% rate of default interest payable by the State had reduced the value of their claims and had been
in breach of Article 1 of Protocol No. 1 (protection of property).
No violation of Article 1 of Protocol No. 1
Karin Andersson and Others v. Sweden (no. 29878/09)
The applicants are 18 Swedish nationals who all own property close to Umeå in northern Sweden.
Their case concerned the construction of a railway on or close to their properties.
On 12 June 2003 the Government issued a decision permitting the construction of a 10 km long
railway on or close to the applicants’ properties. Three of the applicants petitioned the Supreme
Administrative Court for a judicial review of the case, claiming that the decision contradicted
Swedish law on nature conservation as well as the applicable European law, Umeå being situated
near a Natura 2000 area, the European network of nature protection areas. On 1 December 2004
the Supreme Administrative Court dismissed the petitions for judicial review. The petitioners were
denied standing in the proceedings as the court considered that they could have a judicial review of
the decision to adopt the railway plan at a later date. In the subsequent proceedings, however, the
courts, including the Supreme Administrative Court on 10 December 2008, found that they were
bound by the Government’s decision of June 2003 and accordingly did not examine any issues that
had been determined by that decision.
Relying in particular on Article 6 § 1 (right to a fair trial), the applicants notably complained that they
had been refused a full legal review of the Government’s decision to permit the construction of the
railway on or near their properties.
Violation of Article 6 § 1
Just satisfaction: EUR 20,000 to the applicants jointly in respect of costs and expenses
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Céline Menu-Lange (tel: + 33 3 90 21 58 77)
Nina Salomon (tel: + 33 3 90 21 49 79)
Denis Lambert (tel: + 33 3 90 21 41 09)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło