Protection of Property and Other Assets

Autonomous concept of "property" 

Property is protected by the European Convention on Human Rights in various forms. The Convention’s concept of property (“possessions”, in the specific wording of the European Court) is broader than that found in most domestic legal systems. Accordingly, protection guaranteed by the European Convention can sometimes extend beyond the guarantees offered in domestic legislation. 

Applicability of Protocol 1-1 to relations between private parties

Property claims mainly concern relations between a private party and the State. However, cases where a domestic court orders that one private entity surrenders “possession” to another in an arbitrary and unjust manner, may also fall within the scope of Protocol 1-1.1

The following matters fall, inter alia, within the scope of the Convention:

  • Real estate

  • Shares in public companies

  • Intellectual property

  • Business licenses

  • Enforceable arbitration awards 

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Bramelid and Malmström v. Sweden, no. 8588/79 and 8589/79 [dec.], 12/10/1982.