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.
Outcome of the case:
Considering the above, the Judges of this Relationship agree to dismiss the appeal filed by the Expropriated Company as totally unfounded, and partially the appeal filed by the Expropriated Parties, setting at € 228,952.95 (two hundred twenty-eight thousand nine hundred and fifty-two euros and ninety and five cents) the amount of compensation to be paid by the Expropriant for the expropriated portion, an amount that must be updated under the terms of art. 24º., Nº. 1, of the Expropriation Code, under the terms mentioned above. More by paying the Expropriant to the Expropriated whatever will be settled in a subsequent decision regarding the expenses of relocating the Expropriated and their household, as mentioned above. Costs in both Instances by the Expropriant and by the Expropriated, in proportion to the loser. Notify.
Without jeopardising what was inscribed in a detailed and assertive way in the previous sentence in dispute, we could say that Article 17 in the Charter of Fundamental Right of the European Union, which the Treaty of Lisbon has integrated, enshrines jus fruendi and jus utendi as part and parcel of the right to property, whereby recognising that whoever is denied the right to property for reasons of public utility, is entitled to receive "a fair compensation for his loss in a timely manner".
VI.- As demais conclusões prendem-se com o cálculo da indemnização devida aos Expropriados. Sem prejuízo do que desenvolvida e acertivamente se escreveu na douta sentença impugnada, diremos que o artº. 17º. da Carta dos Direitos Fundamentais da União Europeia, que o Tratado de Lisboa integrou, consagra o jus fruendi e o jus utendi como fazendo parte do direito de propriedade, reconhecendo a quem for privado do seu direito de propriedade por razões de utilidade pública, o direito a “uma justa indemnização pela sua perda, em tempo útil”.