Communicated on 7 May 2018
FIRST SECTION
Application no. 48345/12
Alexandros KANDARAKIS and Michail KANDARAKIS against Greece
and 2 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applicants are lawyers registered with the Athens Bar Association. After they had represented some clients in expropriation proceedings, a certain amount was awarded as court expenses, including the lawyers’ fees. Pursuant to Article 18 § 4 of the Expropriations Code (Law no. 2882/2001), the person liable for compensating persons whose property was expropriated deposits sums of court expenses to the Consignment Deposits and Loans Fund (Ταμείο παρακαταθηκών και Δανείων). The deposit takes place to the benefit of the Bar Association with which the representatives of the person whose property was expropriated are registered.
Invoking Article 6 and Article 1 of Protocol No. 1 to the Convention, the applicants complain about the domestic courts’ decisions which dismissed their applications holding that only the relevant Bar Association could initiate proceedings requesting for the payment of court expenses.
QUESTIONS tO THE PARTIES
1. Have the applicants exhausted the domestic remedies in respect of their complaints under Article 6 and Article 1 of Protocol No. 1 to the Convention?
2. Having regard to the domestic courts’ reasoning holding that only the relevant Bar Association could initiate proceedings requesting for the payment of court expenses, have the applicants been deprived of their right of access to a court in breach of Article 6 § 1 of the Convention (see Philis v. Greece (no. 1), 27 August 1991, § 65, Series A no. 209)?
3. Did the applicants have a possession or a legitimate expectation, within the meaning of Article 1 Protocol No. 1, in respect of payment of court expenses awarded by the domestic courts in the expropriation proceedings?
If so, did the dismissal of their applications by the domestic courts amount to an interference with the applicant’s right to the peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? If so, was that interference in breach of that provision?
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
48345/12
18/07/2012
Alexandros KANDARAKIS
30/10/1938
Athens
Michail KANDARAKIS
04/04/1979
Athens
Vassilios CHIRDARIS
48348/12
18/07/2012
Alexandros KANDARAKIS
30/10/1938
Athens
Michail KANDARAKIS
04/04/1979
Athens
Vassilios CHIRDARIS
67463/12
12/10/2012
Alexandros KANDARAKIS
30/10/1938
Athens
Vassilios CHIRDARIS
Full & Egal Universal Law Academy