Sofia Apartment Dispute Results in Over €750,000 in Compensation

A decades-long property dispute in Sofia, Bulgaria, has concluded with a court ordering over €750,000 in compensation to the heiress of an apartment seized by the communist regime in 1946. The case highlights the ongoing challenges faced by individuals seeking restitution for properties confiscated during the post-World War II era.

Background of the Case

The 62-square-meter apartment, located at the corner of “G.S. Rakovski” street and “Vasil Levski” boulevard in central Sofia, was originally acquired by the plaintiff’s mother in 1942 with a valid title deed. Following the establishment of the communist government, the family was forcibly evicted to Gabrovo in 1946 by order of the Minister of Internal Affairs, Anton Yugov. The property remained in state control.

Decades of Legal Battles

For years, the heiress, identified as A.K., attempted to determine the legal basis for the continued occupation of her parents’ former apartment. Despite possessing the original notarial deed of ownership, she encountered obstacles in accessing information about any potential change in ownership. The statute of limitations expired, initially preventing her from reclaiming the property through standard legal channels.

By 1992, after the deaths of her parents, A.K. Intensified her efforts to uncover the fate of the apartment. She found no record of state or municipal ownership. In 2013, she discovered that the apartment was occupied by others, but was unable to obtain information regarding their legal claim to the property. The Registration Agency and the tax office provided no records of transactions or ownership changes.

Despite a notarized request for the occupants to vacate the premises, A.K.’s claims were repeatedly rejected by lower courts, citing the expiration of the acquisitive statute of limitations in favor of the current occupants.

Ruling and Compensation

A.K. Then pursued a case against the state under the Law on State and Municipal Liability for Damages (ZODOV) before the Sofia City Court. She sought compensation for both property damages, calculated at the market value of the apartment, and non-property damages related to the emotional distress and historical significance of the loss.

The court ruled in favor of A.K., finding that the state had failed to provide her with a reasonable opportunity to access information about her property and protect her rights. The court acknowledged the forcible deprivation of the property during the communist regime and the lack of effective legal mechanisms for restitution after the democratic transition.

The compensation awarded includes:

• €274,400 (equivalent to BGN 536,680) for property damages, representing the market value of the apartment.
• Approximately €116,000 in interest accrued on the property damage amount as of January 20, 2023.
• €255,000 (equivalent to BGN 500,000) for non-property damages, recognizing the family’s historical connection to the apartment and the suffering endured.
• Approximately €108,000 in interest accrued on the non-property damage amount.
• €20,632 in legal fees.

The court too considered testimony regarding the plaintiff’s grandfather, who died in the attack on the “Sveta Nedelya” church, and the subsequent pension granted to the family, which contributed to the financing of the apartment’s construction.

Implications

This case underscores the continuing legal and emotional challenges faced by individuals and families seeking redress for property confiscated during the communist era in Bulgaria. The ruling reinforces the state’s responsibility to facilitate access to information and ensure fair legal processes for restitution claims, in accordance with both the Constitution and the European Convention on Human Rights.