Resolution CM/ResDH(2024)201
Execution of the judgments of the European Court of Human Rights
Three cases against Greece
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
45290/11
VENTOURIS AND VENTOURI
14/01/2016
14/04/2016
5805/14
KAPSILI AND OTHERS
18/03/2021
18/03/2021
43441/14
LYDAKIS AND OTHERS
10/11/2022
10/11/2022
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 violations established on account of the non-compliance by the authorities (notably local and regional) with final domestic judgments ordering the lifting of land expropriation orders or charges on land (violations of Article 6, paragraph 1) and the lack of an effective remedy to ensure the enforcement of these judgments (violations of Article 13);
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 individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)730);
Considering that the question of individual measures was resolved, given that the just satisfaction, where awarded by the Court, was paid in full and the applicants’ properties have either been freed of the expropriation in accordance with the domestic judgment ordering the lifting of the expropriation, or the land in question was purchased by the authorities so the applicants were fully compensated;
Recalling that the question of the outstanding general measures required in response to the shortcomings found by the Court in these judgments continues to be examined, also in the light of the Court’s findings in these cases, within the framework of the Kanellopoulos group of cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the outstanding general measures;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures within the framework of the Kanellopoulos group of cases;
DECIDES to close the examination of these cases.