003-8150766-11423383
WyrokETPCz2025-02-06
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy rozbiórka obozowiska romskiego bez zapewnienia skarżącym udziału w postępowaniu administracyjnym i bez zapewnienia odpowiedniego alternatywnego rozwiązania naruszyła prawo do poszanowania życia prywatnego i rodzinnego oraz domu (art. 8 Konwencji)?Stan faktyczny
Skarżącymi jest pięć rodzin, łącznie 16 obywateli Rumunii pochodzenia romskiego. W 2015 roku doszło do rozbiórki obozowiska, które rodziny zbudowały bez pozwolenia na budowę na działce przy ulicy Paprotnej we Wrocławiu w Polsce. Rodziny skarżących twierdzą, że po rozbiórce mieszkały na ulicy, zanim część przeniosła się w inne miejsce, a inni skorzystali z ofert mieszkań socjalnych. W tym czasie dziewięciu skarżących było dorosłych, a siedmioro to dzieci.Rozstrzygnięcie
Stwierdza naruszenie artykułu 8 Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 032 (2025)
06.02.2025
Judgments and decisions of 6 February 2025
The European Court of Human Rights has today notified in writing 28 judgments1 and ten decisions2:
three Chamber judgments are summarised below;
two separate press releases have been issued for two other Chamber judgments in the cases of
Italgomme Pneumatici S.r.l. and Others v. Italy (application no. 36617/18 and 12 other applications)
and M.B. v. Spain (no. 38239/22); Committee judgments, concerning issues which have already been examined by the Court, and
the ten decisions, can be consulted on Hudoc and do not appear in this press release.
The judgment summarised below is available only in English.
Caldarar and Others v. Poland (application no. 6142/16)
The applicants are five families comprising 16 Romanian nationals of Roma origin.
The case concerns the demolition in 2015 of an encampment that the families had built without
planning permission on a plot of land at Paprotna Street in the city of Wrocław (Poland). The
applicant families submit that following the demolition, they had lived on the streets before some
moved to another site and others took up offers of welfare housing. At the time nine of the
applicants were adults and seven were children.
Relying in particular on Articles 8 (right to respect for private and family life and the home), 13 (right
to an effective remedy) and 14 (prohibition of discrimination) of the European Convention on
Human Rights, the applicants complain that the public authorities demolished their encampment
following administrative proceedings in which they had not been given the opportunity to
participate. They argue that their community had been broken up, with the authorities failing to
provide them with an adequate alternative solution that respected their way of life.
Violation of Article 8
Just satisfaction:
non-pecuniary damage: 5,000 euros (EUR) to each of the five households
Gaydashevskyy v. Ukraine (no. 11553/21)
The applicant, Vadim Oleksandrovych Gaydashevskyy, is a Ukrainian national who was born in 1990
and lives in Khmelnytskyi (Ukraine).
The case concerns an administrative-offence case against the applicant for driving under the
influence of drugs in 2020. He was convicted as charged, given a fine and had his driving licence
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
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
Inadmissibility and strike-out decisions are final.
suspended for a year. On appeal he argued that his intoxication had only been established by a quick
test, with no laboratory testing. The Court of Appeal rejected this argument and upheld the
conviction, after holding hearings in the presence of the applicant and his lawyer.
Relying on Article 6 § 1 (right to a fair trial) of the European Convention the applicant complains that
there was no party to support the prosecution’s case against the applicant, meaning there was a
confusion between the roles of prosecutor and judge, and the Court of Appeal could not be
considered impartial.
Violation of Article 6 § 1
Just satisfaction: The applicant did not submit a claim for just satisfaction.
Ukrkava, TOV v. Ukraine (no. 10233/20)
The applicant Ukrkava, TOV, is a Ukrainian limited liability company based in Ukraine.
In 2011 the applicant company entered into a loan agreement with the State Savings Bank. The loan
was secured by a mortgage, which the bank had to have endorsed by a notary. The case concerns
the proceedings instituted by the applicant company against the bank and the question of the time-
limit for the notary to endorse the mortgage document, after the bank requested repayment of the
loan in 2016. The lower courts ruled that the bank had exceeded the time-limit, but the Supreme
Court found against the applicant company in 2019.
Relying on Article 6 § 1 (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property) to
the Convention, the applicant company complains that the Supreme Court of Ukraine reinterpreted
the one-year time-limit for the notarisation of an endorsement on a document in the case of
proceedings between legal entities, in breach of the principle of legal certainty.
Violation of Article 6 § 1
Just satisfaction: The applicant company did not submit a claim for just satisfaction.
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
https://www.echr.coe.int/home. To receive the Court’s press releases, please subscribe here:
www.echr.coe.int/RSS/en or follow us on X (Twitter) @ECHR_CEDH.
Press contacts
[email protected]e.int | tel.: +33 3 90 21 42 08
We are happy to receive journalists’ enquiries via either email or telephone.
Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30)
Denis Lambert (tel.: + 33 3 90 21 41 09)
Inci Ertekin (tel.: + 33 3 90 21 55 30)
Neil Connolly (tel.: + 33 3 90 21 48 05)
Jane Swift (tel.: + 33 3 88 41 29 04)
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.
2
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 16.07.2026. · Źródło