BeckRS 2024, 8942
EGMR: Art 1 P1, Peaceful enjoyment of possessions, Proportionate confiscation order issued by Italian authorities aimed at recovering from the Getty Museum in the US a bronze statue from the classical Greek period, Applicant trust sufficiently affected by contested measure although not yet enforced, Impugned order engaged respondent State’s responsibility for the purposes of Art 1, Proprietary interest sufficiently established and weighty to amount to “possession”, Art 1 P1 applicable, Legal basis for contested measure sufficiently clear, foreseeable and compatible with the rule of law, Mere lack of time-limit for recovery actions could not automatically lead to interference being unforeseeable or arbitrary, Protection of country’s cultural and artistic heritage a legitimate aim for Convention purposes, Strong consensus in International and European law with r
Urteil vom 02.05.2024 - 35271/19