EAST/WEST ALLIANCE LIMITED V. UKRAINE

1. CASE OF EAST/WEST
ALLIANCE LIMITED v.
UKRAINE

2. The case is built on breaching
Protocol 1 of European Convention on
Human Rights.
Irish company had made a claim to
ECHR because of unlawful activity of
tax police. They had committed
illegal fiscal arrest of asset.
2

3. “
Article 1 of Protocol 1 to Convention
Every natural or legal person is entitled to the
peaceful enjoyment of his possessions. No one shall
be deprived of his possessions except in the public
interest and subject to the conditions provided for by
law and by the general principles of international law.
The preceding provisions shall not, however, in any
way impair the right of a State to enforce such laws
as it deems necessary to control the use of property
in accordance with the general interest or to secure
the payment of taxes or other contributions or
penalties.
3

4. Court notes that this interference was not of an
instantaneous nature, but that the applicant
company was denied access to its property for
more than ten years. While it was taking
strenuous efforts before various administrative,
tax, prosecution and judicial authorities to
recover its property, which remained fruitless
regardless of their legal outcome, the aircraft
were getting damaged and vandalised, or sold
to third parties, or simply disappeared without
anybody held accountable.

5. 5,000,000
EUR was awarded
as an equitable damages
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6. 6
THANK
S