Information Note on the Court’s case-law No.
March 1997
Hornsby v. Greece - 18357/91
Judgment 19.3.1997
Article 6
Enforcement proceedings
Article 6-1
Reasonable time
Delay by the administrative authorities in taking the necessary measures to comply with two judgments of the Supreme Administrative Court: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.GOVERNMENT'S PRELIMINARY OBJECTIONS
A.Non-observance of the six-month time-limit
Situation complained of by applicants began with relevant authorities' refusal to grant them authorisation to open English‑teaching school and continued even after lodging of their application to Commission.
B.Non-exhaustion of domestic remedies
Actions for damages provided for in Articles 57 and 59 of Civil Code: not sufficient to remedy applicants' complaints.
Application to Supreme Administrative Court for judicial review: applicants could not reasonably expect such a remedy to produce result they sought.
Proceedings still pending in the Rhodes Administrative Court: would only be decisive in connection with question of award of just satisfaction under Article 50 of Convention.
Conclusion: objections dismissed (eight votes to one).
II.ARTICLE 6 § 1 OF THE CONVENTION
Execution of a judgment given by any court to be regarded as integral part of "trial" for purposes of Article 6 - importance of this principle in context of administrative proceedings - obligation on administrative authorities' part to comply with a judgment of State's highest administrative court.
Two decisions by which Director of Secondary Education had refused applicants authorisation to open a language school, solely on basis of their nationality, set aside by Supreme Administrative Court -in repeating their requests applicants were merely reminding administrative authorities of their obligation to take a decision consistent with legal rules whose breach had led to the setting aside of impugned decisions - no reply forthcoming from administrative authorities - Greek legislation in force at the time did not lay down any particular condition for EEC nationals wishing to open such a school in Greece, except that imposed on Greek nationals also (possession of a university degree), which the applicants satisfied.
By refraining for more than five years from taking necessary measures to comply with a final, enforceable judicial decision in present case, Greek authorities deprived provisions of Article 6 § 1 of all useful effect.
Conclusion: violation (seven votes to two).
III.ARTICLE 50 OF THE CONVENTION
Not ready for decision.
Conclusion: question reserved (unanimously).
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This summary by the Registry does not bind the Court.
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