Information Note on the Court’s case-law 64
May 2004
Metaxas v. Greece - 8415/02
Judgment 27.5.2004 [Section I]
Article 34
Victim
Belated payment of debt, following enforcement procedure: retention of victim status
Article 1 of Protocol No. 1
Article 1 para. 1 of Protocol No. 1
Peaceful enjoyment of possessions
Belated payment, following enforcement proceedings, of a pension awarded by a final decision: violation
Extract (Article 34): “... the applicant was obliged to resort to enforcement proceedings in order to obtain repayment of his debt. In the Court's opinion, it is inappropriate to require an individual who has obtained the right to payment of a debt by the State, following legal proceedings, to bring subsequent enforcement proceedings to obtain satisfaction. It follows that the belated payment of the sums due to the applicant through enforcement proceedings cannot remedy the national authorities' failure over a protracted period to comply with judgment no. 550/2000 and does not provide sufficient satisfaction...”
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This summary by the Registry does not bind the Court.
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