THE DISPUTE BETWEEN THE LIECHTENSTEIN FAMILY AND THE CZECH REPUBLIC
Our law firm, namely Eva Radová, represents one of the participants in one of the disputes between the Liechtenstein family and the Czech Republic. At this moment, the long-standing dispute has also come before the European Court of Human Rights. The subject matter of the dispute is the fact that one of the ancestors of the current prince of the Principality of Liechtenstein, namely Francis Joseph II, was confiscated all real estate in the Czech Republic according to the so-called Beneš Decree No. 12. The Liechtenstein family considers this confiscation illegal when they claim that Francis Joseph II. was not of German nationality, and according to them, real estate in the Czech Republic was owned by the sovereign state of the Principality of Liechtenstein, i.e. confiscation of property according to one of Beneš’s decrees was not possible.
The legal arguments of the Czech Republic are, of course, completely contradictory, while the basic idea is based on the established case law of the Czech Republic (see the opinion of the Plenum of the Constitutional Court of 1 November 2005, file no. Pl.ÚS-st. 21/05), according to which it is not possible to demand the protection of property rights which expired before 25 February 1948 and a special restitution regulation did not stipulate the method of mitigating or remedying this property damage (so-called restitution laws).
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