ECHR 2011/13 Case of Dubetska and others v. Ukraine, 10 February 2011, no. 30499/03 (Fifth Section).

摘要

The applicants are 11 Ukrainian nationals, living in the village of Vilshyna in the Lviv region (Ukranie). They are members of two extended families, the Dubetska-Nayda family and the Gavrylyuk-Vakiv family, and live in two houses, close to each other and built in 1933 and 1959 respectively.A State-owned coal mine started operating in 1960 in the vicinity of the applicants' houses, and a mine spoil heap was erected around 100 metres away from the Dubetska-Nayda family house. In 1979, the State further opened a coal processing factory which subsequently produced a 60-metre spoil heap about 430 metres from the Dubetska-Nayda family house and 420 metres from the Gavrylyuk-Vakiv family house. The spoil heap remained State property even after a 2007 decision to privatise the factory.