As the appellant did not have the status of an occupancy right holder, nor did she have, at the time of death of her grand-father - the occupancy right holder, the legal status of a member of the family household of the occupancy right holder, which could, possibly, constitute a part of the right to occupy the real property (apartment) – she does not enjoy the protection under Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of Bosnia and Herzegovina in respect of her expectation to acquire the property.
• Decision on Admissibility and Merits No. U 49/03 of 26 August 2004, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 48/04;
• Decision on Admissibility and Merits No. AP 1031/04 of 26 April 2005, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 48/05;
• Decision on the Merits No. AP 707/05 of 13 September 2005, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 86/05
The occupancy right includes the right of members of the family household to acquire the occupancy right after the death of the occupancy right holder and the right to purchase the apartment in accordance with the relevant regulations.
• Decision on Admissibility and Merits No. AP 499/04 of 23 March 2005, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 32/05; the transfer of the occupancy right to a child; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH;
• Decision on Admissibility and Merits No. AP 380/04 of 26 April 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the transfer of the occupancy right to a child; there is no violation of Article 1 of Protocol No. 1 to the European Convention
There is no violation of the right to property when the competent authorities dismiss the appellant’s request for the transfer of occupancy right based on the concluded contract on life-long support with the occupancy right holder, since they did not establish a shared household. Therefore, taking into account the fact that the appellant has never had the occupancy right over the apartment in question, neither could he expect to acquire that right under the law, he has no “possessions” protected under Article II(3)(k) of the Constitution of Bosnia and Herzegovina or Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 7/05 of 15 June 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 58/05
