Resolution ResDH(2006)47
concerning judgments of the European Court of Human Rights
regarding excessively lengthy proceedings in civil courts in Greece
(Atmatzidi and 13 other cases - See table in appendix)
(Adopted by the Committee of Ministers on 19 July 2006,
at the 970th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the fourteen cases details of which appear in the appendix to this resolution, delivered on the dates which appear in the appendix and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Greece, lodged with the European Court of Human Rights between 1999 and 2003 under Article 34 of the Convention by Greek and French nationals and a Greek company, and that the Court declared admissible the complaints relating to the excessive length of civil proceedings; in the case of Jarnevic and Profit the Court also declared admissible the complaint relating to the excessive length of criminal proceedings;
Recalling that the Court subsequently held unanimously in all these cases that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of civil proceedings (in the case of Jarnevic and Profit also of criminal proceedings) and awarded the applicants various sums in just satisfaction (see appendix);
Recalling that the obligation of all member states to abide by the judgments of the European Court of Human Rights in accordance with Article 46, paragraph 1, of the Convention involves an obligation to adopt rapidly individual measures in order to grant the applicants, to the extent possible, full redress for the violations found (restitutio in integrum), as well as to adopt without delay general measures including, to the extent possible, interim measures to stop ongoing violations of the Convention and to prevent the recurrence of violations similar to those found by the Court;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of these judgments, having regard to Greece’s obligation under Article 46, paragraph 1, of the Convention to abide by them;
Whereas during the examination of the cases by the Committee of Ministers, the attention of the government of the respondent state has been drawn to the civil proceedings that were still pending in domestic courts with a view to accelerating them;
Whereas legislative and other general measures have been adopted by Greece with a view to accelerating civil and criminal proceedings (see, respectively, Final Resolution ResDH(2005)64 on Academy Trading Ltd and others and other cases; Final Resolution ResDH(2005)66 on Tarighi Wageh Dashti and other cases);
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state also informed the Committee that legislative measures were under way to provide an effective domestic remedy for this kind of violations, in compliance in particular with the Committee’s Recommendation Rec(2004)6 on the improvement of domestic remedies; the adoption of these measures being supervised by the Committee in the context of, inter alia, the case of Konti-Arvaniti (judgment of 10 April 2003);
Having satisfied itself that, within the time-limits set, the government of the respondent state had paid the applicants the sums provided for in the judgments (see appendix);
Declares, after having examined the information supplied by the Government of Greece, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2006)47
Information provided by the Government of Greece
during the examination of the case of Atmatzidi and 13 other cases
by the Committee of Ministers
Details of applications and the just satisfaction awarded to the applicants
Case
Application No.
Date of the judgment
Date of final judgment
Non pecuniary damages
Costs
Date of payment
Aliki Atmatzidi
2895/03
21/07/05
21/10/05
1 000 €
500 €
11/01/06
Enterprises Meton and Etep
47730/99
21/03/02
21/06/02
4 000 €
5 000 €
19/09/02
Iphigenia Giannakopoulou
37253/02
02/06/05
02/09/05
1 200 €
500 €
11/11/05
Eftychia Grylli
1985/03
30/06/05
30/09/05
1 200 €
500 €
07/12/05
Denise Jarnevic, Jean-Louis Profit, Audrey Profit
28338/02
07/04/05
07/07/05
---
---
---
Eleni Kaggali
9733/03
19/05/05
19/08/05
1 000 €
500 €
01/11/05
Panagiota Kokkini
33194/02
17/02/05
17/05/05
20 000 €
26/07/05
Konstantina Kolybiri
43863/02
28/04/05
28/07/05
1 200 €
500 €
04/10/05
Despina Korre
37249/02
28/04/05
28/07/05
1 000 €
500 €
05/10/05
Rodoklia Koutrouba
27302/03
04/08/05
04/11/05
1 000 €
500 €
24/01/06
Alexandros Panagakos
43839/02
09/06/05
09/09/05
500 €
07/12/05
Maria Potiri
18375/03
23/06/05
23/09/05
1 000 €
500 €
06/12/05
Georgios Zafiropoulos
41621/02
30/06/05
30/09/05
1 000 €
500 €
06/12/05
Anastasios Zolotas
38240/02
02/06/05
30/11/05
4 000 €
12/01/06
Full & Egal Universal Law Academy