Resolution ResDH(2006)5
concerning the judgments of the European Court of Human Rights
of 23 November 2000 and 28 November 2002 (Grand Chamber)
in the case of the Former King of Greece and Others against Greece
(Adopted by the Committee of Ministers on 22 February 2006,
at the 955th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the case of the Former King of Greece and Others delivered on 23 November 2000 and 28 November 2002 and transmitted the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 25701/94) against Greece, lodged with the European Commission of Human Rights on 21 October 1994 under former Article 25 of the Convention by the former King of Greece and eight members of his family, and that on 21 April 1998 the Commission declared admissible, in respect three of the applicants (the former King of Greece, his sister the Princess Irene and his aunt the Princess Ekaterini), the complaints concerning a discriminatory breach of their right to the peaceful enjoyment of their possessions, in that Law No. 2215/1994 authorised the expropriation of their private property without compensation;
Whereas in its judgment of 23 November 2000 the Court:
- held, by fifteen votes to two, that there had been a violation of Article 1 of Protocol No. 1 of the Convention, as the lack of any compensation for the deprivation of the applicants’ property upset, to the detriment of the applicants, the fair balance between the protection of their property and the requirements of the public interest;
- held, unanimously, that it was not necessary to examine the applicants’ complaint under Article 14 of the Convention taken together with Article 1 of Protocol No. 1;
- held, unanimously, that the question of the application of Article 41 was not ready for decision and reserved it in whole;
Whereas in its judgment of 28 November 2002, the Court unanimously:
- held, that the respondent state was to pay the applicants, within three months, 12 000 000 euros to the first applicant, 900 000 euros to the second applicant and 300 000 euros to the third applicant in respect of pecuniary damage; 500 000 euros to the three applicants jointly in respect of costs and expenses including value added tax; that simple interest at an annual rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
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 the judgments of 23 November 2000 and 28 November 2002, having regard to Greece obligation under Article 46, paragraph 1, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgments had been promptly disseminated to the Ministry of Justice and to competent judicial authorities; they had also been rapidly translated and published in the official website of the State Legal Council ();
Having satisfied itself that on 5 December 2002, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 28 November 2002,
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 this case.
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