In the case of Tchokontio Happi v. France (application no. 65829/12) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.

The case concerned a failure to enforce a final judgment granting the applicant accommodation in the context of the law on the enforceable right to housing (known as the “DALO” Act). This is the first time that the Court has dealt with an application against France concerning non-enforcement of a decision to grant housing.

The Court took the view that the French Government could not rely on a lack of resources to explain why the applicant had still not been re-housed, over three and a half years after the judgment was
delivered, in spite of the order that the matter be dealt with urgently. Nevertheless, the Court explained that the right to a “social tenancy”, enabling the applicant to use property but not to acquire it, did not mean that she was granted a “possession” within the meaning of Article 1 of Protocol No. 1 (protection of property).

Find here the whole document: Application 65829/12

 

Jurisdiction: 
Council of Europe - European Court of Human Rights
Article 6 - Right to a fair trial
Article 1 Protocol 1 - Protection of property
Subject: 
EU Housing Rights
Health
Country: