CASE OF SEFCIKOVA v. SLOVAKIA

FOURTH SECTION

CASE OF ŠEFČÍKOVÁ v. SLOVAKIA

(Application no. 6284/02)

JUDGMENT

STRASBOURG

3 November 2009

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Šefčíková v. Slovakia,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Nicolas Bratza, President,

Lech Garlicki,

Giovanni Bonello,

Ljiljana Mijović,

Ján Šikuta,

Mihai Poalelungi,

Nebojša Vučinić, judges,

and Lawrence Early, Section Registrar,

Having deliberated in private on 13 October 2009,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 6284/02) against the Slovak Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Slovak national, Mrs Mária Šefčíková ("the applicant"), on 26 November 2001.

2. The Government of the Slovak Republic ("the Government") were represented by their Agent, Mrs M. Pirošíková.

3. The applicant alleged, in particular, that her right to peaceful enjoyment of her possessions had been violated as a result of the compulsory letting of her land and its scheduled transfer to tenants pursuant to Law no. 64/1997.

4. On 27 March 2006 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

5. The applicant was born in 1926 and lives in Prešov.

A. Background information

6. The applicant's mother had a share in a plot of agricultural land. The land is located in the Bardejov area and is registered as plot number 2612.

7. In 1958 the Bardejov local authority (Miestny národný výbor) assigned the "right of use" in respect of the plot to the Bardejov Sta...

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