THIRD SECTION
DECISION
Application no. 10294/17
Isidoros DOGIAKOS
against Greece
(see appended table)
The European Court of Human Rights (Third Section), sitting on 23 March 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 January 2017,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms L. Athanasiou, a lawyer practising in Athens.
The applicant’s complaint under Article 10 of the Convention concerning the disciplinary sanction imposed on him for introducing the item “Non‑institutional interference of the President of the Court of Cassation in the autonomous administration of the Prosecution Service of the Athens Court of Appeal” to the agenda of the plenary session of the Prosecution Service, was communicated to the Greek Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged that there has been a violation of the applicant’s freedom of expression, enshrined in Article 10 of the Convention on account of the disciplinary sanction imposed on him. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
The applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 13 April 2023.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
10294/17
30/01/2017
Isidoros DOGIAKOS
1956
Athanasiou Lia
Athens
21/12/2022
30/01/2023
7,000
[1] Plus any tax that may be chargeable to the applicant.