Inadmissibility decision concerning Italy
The Court has declared the application in the case of Vendrame and Others v. Italy inadmissible.
The application concerned the imposition of land-use restrictions on private plots of land belonging to two of the applicants due to the incorporation of the land into a newly instituted nature reserve. The land was being used by the other applicant, an agricultural company, for poplar harvesting. In October 2011, a request by the company for authorisation from the municipality of Codroipo to replant a poplar grove on the land was refused for incompatibility with the land-use restrictions.
The applicants lodged proceedings challenging the incorporation of the land in the nature reserve, arguing, amongst other things, that that they had not been provided with compensation for such restrictions. The domestic courts dismissed their action, noting that the restrictions did not give rise to a right to compensation, as they had not been imposed with a view to expropriating the land. However, other allowances were available instead.
Paying particular regard to the State’s leeway in the context of environmental protection policies, the Court considered that a fair balance had been struck between the general interest and the applicants’ right to decide how to use their land.