Resolution CM/ResDH(2010)166[1]

Execution of the judgment of the European Court of Human Rights

AEPI S.A., Agatianos, Mouzoukis and Gorou (No 3) against Greece

(AEPI S.A., application No. 48679/99, judgment of 11 April 2002, final on 11 July 2002

Agatianos, application No. 16945/02, judgment of 04 August 2005, final on 04 November 2005,

Mouzoukis, application No. 39295//02, judgment of 12 April 2006, final on 13 July 2006

Gorou No 3, application No. 21845/03, judgment of 22 June 2006, final on 23 October 2006)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the applicants’ right of access to the Court of Cassation which between 1999 and 2002 rejected their appeals on points of law as out of time because they had been lodged within a deadline that ran as from the date of delivery of the disputed judgments and not from the date of finalisation of the texts (violations of Article 6, paragraph 1) (see details in Appendix);

Recalling that the case of Gorou No. 3 also concerns the excessive length of proceedings before criminal courts (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Greece’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- general measures preventing, similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2010)166

Information about the measures to comply with the judgment in the case of

AEPI S.A., Agatianos, Mouzoukis and Gorou (No. 3) against Greece

Introductory case summary

These cases concern violations of the applicants’ right of access to a court in 19