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Portugal / Court of Appeals of Guimarães / 6087/04.0TBGMR.G2

Expropriated v Expropriator

Policy area:
Economic and monetary affairs
Deciding Body type:
National Court/Tribunal
Deciding Body:
Portugal / Court of Appeals of Guimarães
Decision date:

Key facts of the case:

In an expropriation owing to public use, the Expropriated appealed to arbitration, where the decision was to settle the amount of compensation in lieu of the partial expropriation of a piece of land on which the dwelling place of the family was located, part of which was also expropriated. The Court of the First Instance set the amount of compensation to be paid. On the basis of this decision, both the Expropriator and the Expropriated lodged appeals at the Court of Appeal whereby the former invoked the fact that the law did not make any mention of compensation awarded for re-housing costs, while the latter wished to see an increase in the amount of compensation, taking into consideration the expenses accrued with re-housing.