Tokens: The
main
question
is
whether
the
courts
achieved
a
fair
balance
between
the
general
interest
and
the
individual
rights
of
the
applicants
.
Like
the
majority
,
we
are
of
the
opinion
that
the
Italian
system
does
not
make
it
possible
to
arrive
at
an
adequate
balancing
of
interests
.
Apart
from
the
fact
that
confiscation
is
a
measure
imposed
automatically
once
the
unlawfulness
of
the
site
development
is
established
and
that
in
the
present
case
the
applicant
companies
were
not
even
parties
to
the
proceedings
(
see
paragraph
303
of
the
judgment
)
,
we
find
it
unacceptable
that
there
has
been
no
assessment
of
whether
the
confiscation
did
or
did
not
impose
a
disproportionate
burden
on
the
owner
.
This
is
in
our
opinion
an
especially
relevant
consideration
where
the
unlawful
site
development
concerned
only
part
of
the
land
for
which
confiscation
was
ordered
.
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