Resolution CM/ResDH(2010)169[1]
Execution of the judgment of the European Court of Human Rights
Koskinas against Greece
(Application No. 47760/99, judgment of 20 June 2002, final on 20 September 2002)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the applicant’s right of access to a court (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 judgment;
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 noted that no just satisfaction is provided in the judgment,
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, 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
- of 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 this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)169
Information about the measures to comply with the judgment in the case of
Koskinas against Greece
Introductory case summary
The case concerns a violation of the applicant’s right of access to a court in that the domestic courts rejected his action to set aside his dismissal in 1994 by the airline company Olympic Airways (of which the state was at that time the sole shareholder). The domestic courts held that, pursuant to the company’s employment regulations, they had jurisdiction to examine the legality of the attacked decision, its motivation and the sum of the indemnity awarded, but they had no competence to examine the merits of a decision of the Dismissals Board, regarding accusations brought against the applicant. The European Court found that the applicant had been unable to challenge the truth of these accusations, which were the origin of his dismissal, before a tribunal (violation of Article 6§1).
Individual measures
Olympic Airlines company awarded a redundancy payment to the applicant. The applicant did not claim just satisfaction before the European Court.
Under those circumstances and in the light of the principle of legal certainty, re-opening of the proceedings did not seem necessary.
II.General measures
On 16 April 1998, Law 2602/1998 containing new Olympic Airways employment regulations abrogated Royal Decree 701/1964, in force at the time of the facts of the case. As a consequence, domestic courts now are competent to examine the truthfulness of accusations at the origin of disciplinary sanctions imposed by Olympic Airways on its employees.
Further, Law 3185/2003 abolished the second section of Law 2602/1998 that referred to the flying personnel of Olympic Airways. The General Flying Personnel Regulation was also amended; it no longer contains any provision similar to that challenged by the Court.
The judgment of the European Court was promptly translated and published on the official website of the State Legal Council () and sent out to the competent courts.
III.Conclusions of the respondent state
The government considers that it has executed the judgment in that it has taken individual measures to redress as far as possible the prejudice sustained by the applicant and in that the general measures adopted will prevent similar violations and that Greece has accordingly fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies.
Full & Egal Universal Law Academy