Stamoulakatos v. Greece (no. 2)

Information Note on the Court’s case-law No.

November 1997

Stamoulakatos v. Greece (no. 2) - 27159/95

Judgment 26.11.1997

Article 6

Civil proceedings

Article 6-1

Reasonable time

Length of proceedings in the Audit Court: 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.GOVERNMENT’S PRELIMINARY OBJECTIONS

Non-exhaustion of domestic remedies: Government have not shown that the Audit Court would have given the applicant's case priority had he made a request to that effect.

Lack of competence ratione temporis: although applicant’s claim was based on the allegation that he had suffered torture between 1967 and 1974, Court has only to examine the complaint relating to the length of the proceedings, which were brought after the acceptance by Greece of the right of individual petition.

Conclusion: objections dismissed (unanimously).

II.ARTICLE 6 § 1 OF THE CONVENTION

A.Applicability

The right to a pension is a civil right.

Conclusion: Article 6 § 1 applicable (unanimously).

B.Compliance

Period to be taken into consideration began on date on which applicant lodged an appeal with the Audit Court and has not yet ended (nine and a half years thus far).

Reasonableness of the length of proceedings: case not especially complex – applicant not responsible for the length of the proceedings – several periods of inactivity noted – overall length of time and importance of what was at stake for the applicant borne in mind.

Conclusion: violation (unanimously).

III.ARTICLE 13 OF THE CONVENTION

Not necessary to consider the case under this provision (unanimously).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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