FIRST SECTION
DECISION
Application no. 12731/09
by Dimos VRYZAS
against Greece
The European Court of Human Rights (First Section), sitting on 13 January 2011 as a Committee composed of:
Nina Vajić, President,
Khanlar Hajiyev,
Giorgio Malinverni, judges
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 11 February 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Dimos Vryzas, is a Greek national who was born in 1936 and lives in Kavala. He was represented before the Court by Mr G. Chaikalis, a lawyer practising in Athens. The Greek Government (“the Government”) were represented by their Agent, Mr F. Georgakopoulos, president of the Legal Council of the State.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 15 May 1996 the applicant lodged an action with the First Instance Administrative Court of Athens. In particular, he asked the court to declare that his former employer, a legal person governed by public law (the Social Security Organisation) owed him 2,181,504 drachmas (GRD) (i.e. 6,402.07 euros). This sum corresponded to a benefit the applicant alleged he was entitled to as additional allowance for the period from 1st July 1993 to 31 December 1995.
On 29 May 1998 the action was partially accepted and GRD 1,530,384 (i.e. 4,491.22 euros) were awarded to him (judgment no. 6259/1998).
On 1st February 1999 both the applicant and his former employer lodged appeals with the Athens Administrative Court of Appeal challenging the court’s findings and its evaluation of the evidence.
By judgment dated 28 August 2003, the court rejected the applicant’s appeal, accepted the former employer’s appeal and, after having examined the applicant’s action, rejected his allegations (judgment no. 3480/2003).
On 23 April 2004 the applicant lodged an appeal on points of law with the Supreme Administrative Court which was rejected on 27 February 2008 (judgment no. 782/2008). The judgment was finalised on 19 September 2008.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings before the domestic courts.
2. He complained under Article 1 of Protocol No. 1 that, because of the domestic courts decisions, his right to property was violated since, even though he was allegedly entitled to, the additional allowance was not awarded to him.
THE LAW
On 20 September 2010 the Court received the following declaration signed by the applicant’s representative:
“I, Georgios Chaikalis, a lawyer practising in Athens, note that the Government of Greece are prepared to pay ex gratia the sum of 12,500 euros to Mr Dimos Vryzas with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Greece in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”
On 22 November 2010 the Court received the following declaration from the Government:
“I, Fokion P. Georgakopoulos, Agent of the Government of Greece, declare that the Government of Greece offer to pay ex gratia 12,500 euros to Mr Dimos Vryzas with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachNina Vajić
Deputy RegistrarPresident
Full & Egal Universal Law Academy