Discontinuation of advisory opinion proceedings
The ECHR has decided to discontinue the advisory-opinion proceedings that it had begun in response to a request from Slovenia’s Supreme Court.
The advisory opinion had been sought in the context of judicial review (administrative‑dispute) proceedings pending before Slovenia’s Supreme Court following an appeal on points of law. At issue in the case was the question of whether allowing the issuance of a building permit and the construction of a motorway without first expropriating the affected land constituted an unjustified interference with the landowners’ property rights, as protected by Article 1 of Protocol No. 1 to the Convention and Article 33 of the Constitution of Slovenia.
In June 2026, the parties reached a settlement, and the plaintiffs sought to withdraw their appeal on points of law. Normally, under Slovenian law, that would take effect automatically. However, because the proceedings had been stayed pending receipt of the advisory opinion, no procedural steps could be taken. The plaintiffs therefore asked the Supreme Court to resume the proceedings so that the withdrawal could take effect.