Resolution CM/ResDH(2012)84[1]
Execution of the judgment of the European Court of Human Rights
Mavroudis against Greece
(Application No. 72081/01, judgment of 22 September 2005, final on 22 December 2005)
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 violations of the Convention found by the Court in this case concern the failure of the University authorities of Thessaloniki to comply with domestic judgments and the excessive length of proceedings before administrative courts (double 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 its 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 satisfied itself that the respondent State paid the applicant the just satisfaction provided in the judgment under conditions accepted by him (see details in Appendix),
Recalling that issues relating to non-compliance with domestic courts’ judgments are being examined by the Committee of Ministers in the context of the Beka-Koulocheri group of cases, while issues relating to excessive length of proceedings before administrative courts are being examined in the context of the Vassilios Athanasiou group of cases;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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
- 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(2012)84
Information about the measures to comply with the judgment in the case of
Mavroudis against Greece
Introductory case summary
The case concerns the failure of university authorities to comply with domestic judgments concerning the applicant’s appointment to the post of lecturer (violation of Article 6§1).
The case also concerns the excessive length of proceedings before administrative courts. The first set of proceedings relating to the applicant’s appointment lasted more than 15 years and 6 months for several levels of jurisdiction, the second set of proceedings related to two requests for damages lasted more than six years and six months for two levels of jurisdiction (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and Application No.
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Mavroudis (72081/01)
10000 EUR
10000 EUR
Paid on 30/03/2006
The just satisfaction was paid under conditions apparently accepted by the applicant.
b) Individual measures
The authorities indicated that the nomination for the post in question, according to Article 21 of Law No. 1268/1982 in conjunction with Presidential Decree No. 394/1983, was made for a definitive period of three years in 1995. According to national legislation, a further appointment would depend on a new examination of the applicant’s abilities by the competent authority, which enjoys a margin of appreciation.
In addition, following the European Court’s judgment, the applicant was awarded compensation by the national courts. This comprised a sum equivalent to the salary that he would have received if the administration had appointed him for those three years. The proceedings lodged by the applicant for further damages concerning the period after the initial three years were rejected as ill-founded in 2006. In particular, the Thessaloniki Administrative Court of Appeal held that the University was at fault for not having reinstated the applicant in the post only in respect of the initial period of three years from 01/01/95 to 31/12/97; it further held that the applicant had sustained no additional damage after that period.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The European Court’s judgment, translated into Greek, was sent to the university authorities, as well as the relevant judicial authorities; it was published on the website of the Legal Council of the State ().
a) Non-compliance with domestic courts’ judgments
The measures taken or envisaged by the Greek authorities are being examined by the Committee of Ministers in the Beka-Koulocheri group.
b) Excessive length of proceedings before administrative courts
The measures taken or envisaged by the Greek authorities are being supervised by the Committee of Ministers in the context of the pilot judgment Vassilios Athanasiou.
III.Conclusions of the respondent State
The government considers that no individual measure is required apart from the payment of the just satisfaction 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 6 June 2012 at the 1144th Meeting of the Ministers’ Deputies.
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