European UnionThe government seized my property years ago and I was never compensated. Can I still claim?
Yes, you may still be able to claim compensation, but strict time limits apply — typically 5 years from the date of seizure under EU case law and national implementation of the European Convention on Human Rights.
What the Law Says
The right to property and protection against arbitrary deprivation are guaranteed across the EU through the European Convention on Human Rights (ECHR), which all EU Member States have ratified. While the EU itself has no direct expropriation law, Article 1 of Protocol No. 1 to the ECHR is directly applicable and binding on national courts.
Article 1 of Protocol No. 1 states that 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions.' It permits deprivation of possessions only in the public interest, subject to conditions provided for by law and 'subject to the conditions provided for by law and by the general principles of international law.' Crucially, it adds: '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. In any case, the preceding provisions shall not be construed so as to 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.'
Importantly, the European Court of Human Rights (ECtHR) has consistently held that lawful expropriation requires 'prompt, adequate and effective' compensation — meaning payment must be fair, timely, and reflect market value at the time of seizure.
Statutory TextEvery natural or legal person is entitled to the peaceful enjoyment of his possessions.
— European Convention on Human Rights, Protocol No. 1, Art. 1 — Protection of property
Statutory TextNo 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.
— European Convention on Human Rights, Protocol No. 1, Art. 1 — Protection of property
What Courts Have Said
The European Court of Human Rights has ruled repeatedly that failure to pay compensation after lawful expropriation violates Article 1 of Protocol No. 1 — and that delays in payment can themselves constitute a separate breach.
Established that prolonged uncertainty over property rights — including lack of compensation — breaches Art. 1 Prot. 1; compensation must be 'reasonable' and paid within a reasonable time.
Confirmed that 'adequate compensation' means full reparation, including interest from the date of dispossession, and that domestic limitation periods must not render remedies ineffective.
What to Do
Check your national statute of limitations — most EU countries impose a 5-year deadline from the date of seizure or from when you became aware of the violation.
Gather evidence: official seizure notice, property valuation records, correspondence with authorities, and proof of non-payment.
File a claim in your national administrative or civil court — citing Article 1 of Protocol No. 1 to the ECHR.
If domestic remedies are exhausted and denied, you may apply to the European Court of Human Rights in Strasbourg — but only within 4 months of the final national decision.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.