We are representing Pärnu real estate developer Parem Kallas against the Estonian state during proceedings at the European Court of Human Rights. The complaint is for compensation for damages caused by expropriation for an unreasonable duration (more than 20 years).
Unprecedented legal battle
In this unprecedented dispute, the ECHR has, for the second time in a row, accepted into proceedings a claim we filed on behalf of our client to the effect that there had been a breach of the right to proceedings within a reasonable period of time and a breach of the right to receive fair and immediate compensation for expropriation.
The client had to wait 20 years to receive compensation for the city government’s factual expropriation of its land.
The amount paid was several times smaller than the property’s actual value, as determined by an expert, and did not take into account 20 years of inflation.
Understanding this rare situation
The ECHR considered another claim on behalf of our client in 2022 and found that the client had not used all the domestic remedies available. Following the 2022 decision, the Estonian Supreme Court ruled in 2023 that our client was not eligible for compensation, and so we had to file a new claim with the ECHR.
We are at a point in the proceedings where the parties have now filed all their statements but the European Court of Human Rights has not yet delivered its judgement.
It is rare for a complaint against the Republic of Estonia to be admitted to proceedings, and even rarer for the same client to have a second complaint upheld – a testament to the importance of this issue.
Our services and client team
Our team is led by partner Allar Jõks, and includes senior associates Triin Toom and Heidi Rand, and associate Elina Lumiste.
