Judgment 17414/11

Applicant name MUKOVOZ
Applicant type natural person
Number of applicants 1
Application no. 17414/11
Date 12/01/2023
Judges Stéphanie Mourou-Vikström, President,
 Lado Chanturia,
 Mykola Gnatovskyy
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Not necessary (rights and freedoms of others)
Type of privacy Locational privacy
Keywords Eviction; decision making process
Facts of the case The applicant complained that her eviction had been neither lawful nor necessary and that the Court of Appeal and the Supreme Court had failed to provide adequate responses to her main arguments and to assess her personal circumstances. In response to the Government’s objection that she had abused her right of application as she had failed to inform either the domestic authorities or the Court that she owned a residential house which she had inherited in the village of Parkhomivka, the applicant noted that that house was uninhabitable and that it was located some 400 kilometres away from her employer in Kyiv in a dying village with no infrastructure. She could therefore neither live in that house, nor possibly raise money to finance her accommodation in Kyiv by either renting or selling it.
Analysis The Court has already found violations of Article 8 of the Convention in other cases, in particular against Ukraine, where the applicants did not have the benefit, in the context of proceedings concerning eviction from public housing, of an examination of the necessity of the interference.  In the present case, too, the Court finds that there has been a violation of Article 8 of the Convention.
Other Article violation? No violation 6 and 13 ECHR
Damage awarded (a) that the respondent State is to pay the applicant, within three months, EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, in respect of non‑pecuniary damage;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Documents Judgment