LTD 'BEQANASI' v. GEORGIA

Communicated on 20 June 2019 FIFTH SECTIONApplication no. 28407/19LTD ‘BEQANASI’against Georgialodged on 23 April 2019SUBJECT MATTER OF THE CASEThe application concerns the confiscation of the applicant company’s tractor to the benefit of the State as it was classified as an “instrument of crime.” In particular, the applicant company was found liable in the framework of administrative offence proceedings for exploiting natural resources without a licence. The company was ordered to pay a fine in the amount of 1000 Georgian Laris (“GEL”) and an additional sum of 201 GEL, which amounted to the damage they had caused to the environment. The applicant company’s tractor was also confiscated as an instrument of a crime.The applicant company complains under Article 1 of Protocol No. 1 that the confiscation of its tractor was a disproportionate measure.QUESTION TO THE PARTIESDid the confiscation …