Information Note on the Court’s case-law No.
August 1991
Philis v. Greece (no. 1) - 13780/88, 12750/87 and 14003/88
Judgment 27.8.1991
Article 6
Article 6-1
Access to court
Access to civil courts for recovery of fees owed by public corporations: 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.ARTICLE 6 § 1 OF THE CONVENTION
A.Access to a court
"Right to a court" guaranteed by Article 6 – right of access constituting one aspect of this – subject to limitations, but these must not impair its very essence.
Undeniable advantages of the subrogation system – ambiguous wording of paragraphs 4 and 5 of Article 2 of the Royal Decree – taken literally they seem to give the Technical Chamber of Greece (T.E.E.) exclusive capacity to take legal proceedings on behalf of the engineer – practice consistent with this interpretation and confirmed by prevailing case-law.
Intervention and third party objection: possible only after proceedings instituted by T.E.E. – action for damages: only allows compensation to be sought – subrogation action: general provision of Article 72 of the Code of Civil Procedure not overriding specific provision of Article 2 § 4 of the Royal Decree.
Applicant unable to take direct independent action to seek payment from his clients (even to the T.E.E. in the first instance) of his fees – hence impairment of very essence of his "right to a court".
Conclusion: violation (eight votes to one).
B.Length of proceedings
Not necessary to consider the complaint.
Conclusion: no examination called for (unanimously).
II.ARTICLE 13 OF THE CONVENTION
Requirements of Article 13 less strict than, and here absorbed by, those of Article 6.
Conclusion: no examination called for (unanimously).
III.ARTICLE 14 IN CONJUNCTION WITH ARTICLE 6 OF THE CONVENTION
Not necessary to examine the complaint.
Conclusion: no examination called for (unanimously).
IV.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary damage: no causal link with the violation found – claim dismissed.
Non-pecuniary damage: compensation awarded.
B.Costs and expenses relating to proceedings brought by the T.E.E. or the applicant against various clients, also those incurred before the Convention institutions: reimbursement.
Conclusion: respondent State to pay specified amounts for non-pecuniary damage and costs (unanimously).
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This summary by the Registry does not bind the Court.
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