eu-charter

EU Charter of Fundamental Rights

Article 17 - Right to property

Article 17 - Right to property

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.

  • Text:

    This Article is based on Article 1 of the Protocol to the ECHR: "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." This 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). The wording has been updated but, in accordance with Article 52(3), the meaning and scope of the right are the same as those of the right guaranteed by the ECHR and the limitations may not exceed those provided for there.

    Protection of intellectual property, one aspect of the right of property, is explicitly mentioned in paragraph 2 because of its growing importance and Community secondary legislation. 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
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.
  • Tarif Akhras v Council of the European Union
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court of Justice of the European Union / General Court (Seventh Chamber)
    Type:
    Decision
    Policy area:
    Foreign and security policy
    ECLI (European case law identifier):
    ECLI:EU:T:2015:97
  • Stokke GmbH v eBay
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Federal Court of Justice
    Type:
    Decision
    Policy area:
    Information society
    ECLI (European case law identifier):
  • Giordano v Commission
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    COURT (Grand Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:2282
  • Érsekcsanádi Mezőgazdasági Zrt v Bács-Kiskun Megyei Kormányhivatal
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Sixth Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:352
  • Pfleger and Others
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Third Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:281
  • UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft GmbH
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (Fourth Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:192
  • Bouchra Al Assad v Council of the European Union
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (Six Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Cruciano Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Fourth Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:126
  • Ahmed Abdelaziz Ezz, Abla Mohammed Fawzi Ali Ahmed, Khadiga Ahmed Ahmed Kamel Yassin, Shahinaz Abdel Azizabdel Wahab Al Naggar v Council of the European Union
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (Third Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Pfleger and Others
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2013:747

0 results found

0 results found

0 results found

0 results found