European Civil Code

Right to property

Charter of Fundamental Rights

1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2. Intellectual property shall be protected.

Source: article 17 of the Charter of Fundamental Rights

First Protocol to the European Convention on Human Rights

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.

Source: Article 1 of the First Protocol to the European Convention on Human Rights

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Notes:

Right to property is a fundamental right common to all national constitutions.

It has been recognised on numerous occasions by the case law of the Court of Justice, initially in the Hauer judgment (13 December 1979, ECR [1979] 3727).

Intellectual property covers not only literary and artistic property but also patent and trademark rights and associated rights. The guarantees laid down in paragraph 1 shall apply as appropriate to intellectual property.

Source: Official Journal of the European Union C 303/17 - 14.12.2007

Deprivation of property is only permitted if it is:

- lawful;

- in the public interest;

- in accordance with the general principles of international law;

- reasonably proportionate ("fair balance" test).

Source: Council of Europe, text of the Protocol No. 1 to the European Convention on Human Rights

European Civil Law