FIRST SECTION
CASE OF RADMILLI v. MALTA
(Application no. 28711/19)
 
 
 
 
JUDGMENT
 
STRASBOURG
13 January 2022
 
This judgment is final but it may be subject to editorial revision. In the case of Radmilli v. Malta,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
 Krzysztof Wojtyczek, President,
 Erik Wennerström,
 Ioannis Ktistakis, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the application (no. 28711/19) against the Republic of Malta lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 17 May 2019 by a Maltese national, Ms Alessandra Radmilli, born in 1948 and living in Sliema (“the applicant”) who was represented by Dr M. Camilleri and Dr E. Debono, lawyers practising in Valletta;
the decision to give notice of the application to the Maltese Government (“the Government”), represented by their Agents, Dr C. Soler, State Advocate, and Dr J. Vella, Advocate at the Office of the State Advocate;
the parties’ observations;
Having deliberated in private on 30 November 2021,
Delivers the following judgment, which was adopted on that date:
SUBJECT-MATTER OF THE CASE
1. The applicant’s property had been rented out to a third party (under title of temporary emphyteusis) by her ancestors. The contract expired in 1980, however, as a result of Act XXIII of 1979 amending Chapter 158 of the Laws of Malta the tenant retained the property under title of lease, at a rent of approximately 420 euros (EUR) per year with slight increases over the years. 2. On 15 February 2018 the Civil Court (First Hall) in its constitutional competence found a violation of the applicant’s property rights, noting in particular a decreasing legitimate aim since 1995 when the large majority of the property market had been liberalised. Bearing in mind the discrepancy in the rent received and the market value, particularly as of 2008, it awarded EUR 30,000 in pecuniary damage and EUR 1,000 in non-pecuniary damage and declared that the tenant could no longer rely on the impugned law to maintain title to the property. No costs were to be paid by the applicant. On appeal by the State and the tenant, on 14 December 2018 the Constitutional Court confirmed the first-instance judgment but reduced the pecuniary award to EUR 25,000, having considered that it should not depart from the limits of compensation usually awarded in similar cases. The applicant was ordered to pay ¼ of the costs of the appeal proceedings. 3. Act No. XXVII of 2018 entered into force on 1 August 2018 and its Article 12B provided, inter alia, that despite a judgment in the owner’s favour, it shall not be lawful for the owner to proceed to request the eviction of the occupier without first availing himself of the new procedure provided by that law. On an unspecified date before 8 May 2020 the applicant regained possession of the vacant property.

Outcome for Article P1-1: violation