On 25th June 2025, the European Court of Human Rights (ECtHR) issued a unanimous judgment against Serbia for violating the property rights of five foreign nationals from Germany and Turkey. The applicants had their cash confiscated at Serbian border crossings between 2012 and 2014 for failing to declare amounts exceeding EUR 10,000.
While the applicants were fined under Serbia’s Foreign Exchange Operations Act, customs authorities also confiscated significant portions of their funds, ranging from EUR 14,000 to over EUR 90,000, without proof that the money was illicit or intended for illegal purposes.
The ECtHR found that Serbia breached Article 1 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to peaceful enjoyment of property. The Court emphasized that Serbia’s legal framework lacked sufficient clarity, and domestic courts failed to assess proportionality or consider mitigating circumstances.
The Court held that the confiscations were not shown to serve the public interest (e.g. anti-money laundering), especially given that no criminal activity was suspected. It ordered Serbia to return the confiscated amounts and reimburse legal costs to the applicants.
The ruling highlights the need for clearer legislative guidance and more robust judicial scrutiny in cases involving undeclared cross-border cash transfers.
For further inquiries or legal assistance related to customs, foreign exchange regulations, or property rights protection in Serbia, please contact our team.
