Resolution CM/ResDH(2007)164[1]
Execution of the judgment of the European Court of Human Rights
Drakidou against Greece and five other judgments
(see details in Appendix)
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 they all concern violations of the applicants' right to a fair trial within a reasonable time due to excessively lengthy civil proceedings (violations of Article 6, paragraph 1, of the Convention);
Having invited the government of the respondent state to inform the Committee of the measures taken in order 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;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES 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(2007)164
Information about the measures to comply with the judgment in the case of
Drakidou against Greece and five other cases
Introductory case summary
These cases concern violations of the applicants' right of to a fair trial within a reasonable time due to excessively lengthy civil proceedings (violations of Article 6§1).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application No.
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Paid on
Drakidou, judgment of 10/11/05, final on 10/02/06
8838/03
-
1000 €
500 €
1500 €
13/04/2006
Dimitrakopoulou, judgment of 08/12/05, final on 08/03/06
23025/03
-
6000 €
1500 €
7500 €
19/05/2006
Iliopoulou, judgment of 08/12/05, final on 08/03/06
19010/03
-
1500 €
1500 €
3000 €
02/10/2006
Kefalas and others, judgment of 27/04/06, final on 27/07/06
40051/02
-
32000 €
4500 €
36000 €
09/10/2006
Filippos Mavropoulos-Pan. Zisis O.E., judgment of 04/05/06, final on 04/08/06
27906/04
-
-
-
-
Adelfoi Io. Verri A.E. Choirotrofiki Epicheirisi
judgment of 27/07/06, final on 27/10/06
2544/04
-
-
-
-
b) Individual measures
The domestic proceedings at issue in all these cases have been closed. No further measures have been required.
II.General measures
Following the facts in all these cases, Greece adopted a series of legislative and other measures for the acceleration of proceedings in civil courts (see Final Resolution ResDH(2005)64 regarding Academy Trading Ltd and others and other cases).
Moreover, in accordance with the Committee of Ministers' Recommendation Rec(2004)6 to member states on the need to improve the efficiency of domestic remedies, Greece is preparing draft legislation providing a domestic remedy in the form of compensation for excessively lengthy proceedings in all domestic courts (see Interim Resolution CM/ResDH(2007)74).
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases that these measures will prevent new, similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 19 December 2007 at the 1013th meeting of the Ministers’ Deputies
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