1. **Subject matter of the dispute:** A religious organization filed a lawsuit seeking the removal of obstacles to the use and disposition of real estate (a church and a Sunday school) through the eviction of the former rector of the church.
2. **Court’s arguments:** The Supreme Court emphasized that the lower courts failed to consider the housing aspect of the case, as the defendant, along with his wife and four minor children, has been residing in the disputed premises for a significant period of time. The courts did not assess the fact that evicting a family with children constitutes an interference with the right to respect for one’s home, which must be proportionate and justified. Furthermore, the court pointed out a procedural violation: since the matter concerned the rights and obligations of the defendant’s family members, they should have been joined as parties to the case, and the guardianship and custody authority should also have been involved. The courts of first and appellate instances failed to establish the proper composition of the parties, which made a correct resolution of the dispute impossible. The Supreme Court emphasized that even upon the termination of legal grounds for residency, eviction must be assessed by the court for compliance with the balance of interests and the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Court referred to the legal position of the Grand Chamber of the Supreme Court dated March 4, 2026, in case No. 922/5241/21, which served as the basis for overturning the decisions due to the failure to account for the rights of persons not joined as parties to the case.
3. **Court’s decision:** The Supreme Court granted the cassation appeal, overturned the decisions of the courts of first and appellate instances, and remanded the case to the court of first instance for a new trial.
