Information Note on the Court’s case-law No.
April 1998
Hornsby v. Greece (just satisfaction) - 18357/91
Judgment 1.4.1998
Article 41
Costs and expenses
Non-pecuniary damage
Pecuniary damage
Just satisfaction claimed by two applicants held by the Court to have been victims of a breach of Article 6 § 1 of the Convention
A.Damage
Relevant date for assessment of alleged loss: date of Supreme Administrative Court’s judgment setting aside national authorities’ refusal to grant applicants authorisation to open a frontistirion.
Not clear what base figure and method of calculation applicants had used in seeking to prove their loss of profits – these were estimates which, by their nature, could only amount to speculation.
Loss of income which it was not, however, possible to assess precisely – applicants’ feeling of uncertainty and anxiety as to whether they would be able to carry on their occupation – deep feeling of injustice due to fact that Greek authorities had not complied with judgments of an international court and highest Greek administrative court.
Sum awarded on equitable basis, in respect of all heads of damage taken together.
Conclusion: respondent State to pay applicants specified sum (six votes to three).
B.Costs and expenses
Applicants had been reimbursed their costs for domestic proceedings, had presented their own case before Commission and had not taken part in proceedings before Court.
Conclusion: not necessary to award a sum (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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