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 rig ht 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 na tional authorities' failure over a protracted period to comply with judgment no. 550/2000 and does not provide sufficient satisfaction...”

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

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