Case Studies Case Studies of Dilinos Law

In 1993, two properties in Germasogeia were acquisitioned for the purpose of constructing/creating a parking lot by the Municipality of Germasogeia.

The owner of the properties accepted the amount of compensation that was offered for the acquisition and the properties were registered in the name of the Municipality of Germasogeia.

Although 15 years have passed since the acquisition of these properties, the Municipality did not take any action to turn them into a parking lot, as was the purpose of the acquisition.

Therefore, the property owner, through Mr. Dilinos, sent in November of 2008 a letter to the Municipality of Germasogeia, and asked for the return of the properties that were acquisitioned whilst at the same time expressed the willingness and readiness to return the amount of money that was received during the initial acquisition offer.

The Municipality of Germasogeia never responded to the request of the property owner and instead, a few days after receiving the letter, it proceeded with the cleaning of the property, the paving of the gravel and posted a sign with the indication "Parking".

Following this behavior of the Municipality of Germasogeia, an Appeal was filed with the Supreme Court requesting recognition that the refusal and / or failure of the Municipality of Germasogeia to return / offer the properties to their former owner, which were not used for the purpose of expropriation within the time limits set by the Constitution (three years), is invalid, illegal and taken in excess of power.

The Supreme Court, accepted the appeal and cancelled the decision of the Municipality of Germasogeia as it was against the Constitutional requirement of art. 23 par.5, which guarantees the right to property and provides that if the purpose of the acquisition is not achieved within three years, the authority that acquisitioned the property is obliged to offer the property back upon payment of the acquisition price to the person from whom it was acquisition, and ordered the return of the properties to their former owners.