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KPCC/D/A/149/2012 - Kosovo Property Agency

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36<br />

161. Based on the evidence before it, the Commission concludes that the Claimant has<br />

failed to show ownership or any other property right over the claimed properties immediately<br />

prior to or during the 1998-99 conflict.<br />

D. Claims for compensation<br />

162. In Claim Nos. 06248, 06250, 10144, 18345, 19268, 19269, 19270, 19271, 20185,<br />

22047, 22048, 22050, 22483, 22745, 22746, 22747, 22748, 22749, 23029, 23030, 23313,<br />

23500, 23754, 26789, 26792, 31501, 31502, 31503, 31504, 31505, 31510, 31513, 31544,<br />

34140, 35303, 35778, 47588, 47603, 47604, 47605, 49642, 49643, 49644, 54794, 54798,<br />

54800, 54803, 54806, 54807, 54809, 54811, 54982, 54984, 54989, 54990, 90019, 90155,<br />

91604 and 90162, the Claimants seek, in addition to ownership, compensation for physical<br />

damage to, or for loss of use of, the claimed property. Under UNMIK/REG/2006/50 as<br />

adopted by Law No. 03/L-079 the Commission has no jurisdiction over such claims.<br />

Accordingly these claims must be dismissed.<br />

E. Concluding remarks<br />

163. The Commission’s decision and order also apply, where appropriate, to any<br />

associated property, i.e. any buildings or other constructions owned or used by the claimant<br />

or the property right holder, as the case may be, which form a unit with the claimed property.<br />

164. Section 8.8 of Annex III of UNMIK/ADM/DIR/2007/5 as adopted by Law No. 03/L-<br />

079 allows the Chairperson of the Commission to sign a cover decision approving all<br />

individual claims identified in the cover decision, if the number of claims decided in a session<br />

is high. The Commission considers that this is appropriate in the present case.<br />

______________________<br />

Chairperson

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