Published on 17 June 2024
THIRD SECTION
Application no. 12977/19
NI-THE EPE
against Greece
lodged on 27 February 2019
communicated on 27 May 2024
SUBJECT MATTER OF THE CASE
The applicant is a pharmaceutical company. On 28 July 2008, the applicant company lodged with the Supreme Administrative Court an application for annulment of a ministerial decision determining the price of pharmaceutical products.
On 16 September 2011, the Supreme Administrative Court referred the case to the Athens Administrative Court of Appeal, considering that the latter was competent to adjudicate on it. On 16 July 2018 the Athens Administrative Court of Appeal by its judgment no. 1947/2018 referred the case back to the Supreme Administrative Court again on the grounds of competence. When the application was lodged before the Court on 27 February 2019, the domestic proceedings were still pending.
Relying on Article 6 § 1 of the Convention, the applicant company complains of the excessive length of the domestic proceedings. Further, the applicant company alleges a violation of Article 13 of the Convention, on account of the absence of an effective remedy in connection to its complaint under Article 6 § 1.
QUESTIONS TO THE PARTIES
1. Was the length of the administrative proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see, for instance, Sakkatos and others v. Greece [CTE], no. 51408/07, §§ 5-14, 25 November 2010, with further reference)?
2. Did the applicant company have at its disposal an effective domestic remedy for its complaint under Article 6 § 1, as required by Article 13 of the Convention?
REQUEST FOR INFORMATION
3. The parties are requested to submit information concerning the current state of the proceedings before the administrative courts.