Resolution ResDH(2006)38
concerning the judgment of the European Court of Human Rights
of 31 March 2005 (Friendly settlement)
in the case of Viaropoulos and others against Greece
(Adopted by the Committee of Ministers on 21 June
at the 966th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the case of Viaropoulos and others delivered on 31 March 2005 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 19437/02) against Greece, lodged with the European Court of Human Rights on the 1 May 2002 under Article 34 of the Convention by Mr Lambros Viaropoulos, Ms Eleni Viaropoulou, Mr Panayotis Viaropoulos and Ms Irini Viaropoulou, Greek nationals, and that the Court declared admissible the complaints relating to the excessive length of certain civil proceedings pertaining to the applicants’ claims for compensation following expropriation of their land and a breach to their right to the peaceful enjoyment of their possessions;
Whereas in its judgment of 31 March 2005 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Greece would pay the applicants, the global sum of 910 792 euros, within three months from the date of notification of the judgment by the Court and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having regard to the general measures adopted by Greece for the acceleration of civil proceedings (see Resolution ResDH(2005)64 on Academy Trading Ltd and others and other cases, 18 July 2005), as well as the general measures also adopted with a view to preventing violations of individual land property rights in the context of land expropriation proceedings (see e.g. relevant information provided by Greece in the context of current examination by the Committee of the Tsirikakis (judgment of 17 January 2002) group of cases);
Having satisfied itself that on 16 June 2005, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment;
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.
Full & Egal Universal Law Academy