Resolution CM/ResDH(2018)462
Execution of the judgments of the European Court of Human Rights
Five cases against Greece
(Adopted by the Committee of Ministers on 6 December 2018 at the 1331st meeting of the Ministers’ Deputies)
Application
Cases
Judgment of
Final on
38752/04
GEORGOULIS AND OTHERS
21/06/2007
21/09/2007
17229/08
KALOGRANIS AND KALOGRANI
12/05/2010
12/08/2010
32636/05
MOSCHOPOULOS-VEÏNOGLOU AND OTHERS
18/10/2007
18/01/2008
32884/09
VASILIADOU
06/04/2017
06/07/2017
33252/08
VENTOURIS AND OTHERS
31/01/2012
30/04/2012
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 final judgments transmitted by the Court to the Committee in these cases and to the violation(s) established on account a) of non-compliance or delayed compliance with final domestic court judgments ordering the lifting of land expropriation orders and the subsequent modification of the district boundary plan, b) the lack of an effective remedy through which the applicants could pursue the enforcement of judgments ordering the lifting of their land expropriation or burden, and c) the lack of effective means of challenging the re-expropriation of land immediately after the lifting of the prior expropriation order;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2015)1227, DH-DD(2017)769 and DH-DD(2018)973);
Recalling that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required to resolve the problems related to a) non-compliance or delayed compliance with final domestic court judgments ordering the lifting of land expropriation orders and the subsequent modification of the district boundary plan, b) the lack of an effective remedy through which the applicants could pursue the enforcement of judgments ordering the lifting of their land expropriation or burden, and c) the lack of effective means of challenging the re-expropriation of land immediately after the lifting of the prior expropriation order, these measures being examined in the context of the Beka-Koulocheri group of cases;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination thereof.
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