Resolution CM/ ResDH (2011)10 [1]

Execution of the judgments of the European Court of Human Rights

in the case of Malama against Greece

(Application No. 43622/98, judgments of 1 March 2001 and of 18 April 2002,

final on 5 September 2001 and on 18 July 2002)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the applicant ’ s right to the peaceful enjoyment of her possessions (violation of Article 1 of Protocol No. 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with Greece ’ s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)10

Information about the measures to comply with the judgments in the case of

Malama against Greece

Introductory case summary

The case concerns a violation of the applicant ’ s right to the peaceful enjoyment of her possessions due to the fact that in the determination by a court, in 1993, of the amount to be paid as compensation for expropriation of her land, the long period that had followed this expropriation, which had taken place in 1923, had not been taken into account.

The European Court noted that in calculating the compensation the national court took no account whatsoever of the excessive length of the proceedings. The applicant was not awarded any sum for the pecuniary or non-pecuniary damage which she and her family had sustained as a result of their being deprived of their property, without compensation, for seventy years. Furthermore, although the compensation was not paid until more than five years after the national court had assessed the amount due, the applicant received no additional interest for delay. The European Court found that this had upset to the applicant ’ s detriment the fair balance between the protection of property and the requirements of the general interest (violation of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

487,060 EUR

10 000 EUR

31 940 EUR

529 000 EUR

Paid on 09/10/02

b) Individual measures

The European Court noted that the violation found was due to the national court ’ s failure to take into account the excessive length of the proceedings when calculating the compensation to be paid to the applicant. On an equitable basis, the European Court awarded the applicant compensation for non-pecuniary as well as pecuniary damage sustained. The latter was estimated on the basis of 6% of the compensation already awarded to the applicant, per year, for the period from 1993 (when the amount of compensation was first fixed by the national court) to 1999 (when the compensation was paid to the applicant ’ s account).

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Greece has adopted Law 2915/2001 on the acceleration of civil proceedings (see details in Final Resolution ResDH (2005)64 on Academy Trading Ltd and others and other cases), as well as Law 2882/2001 (Code of Expropriation, as amended by Law 2985/2002) on land expropriation procedure. After the entry into force of the Code of Expropriation, the evidentiary phase of proceedings was shortened. In addition, the new law provides for strict deadlines: expropriation decisions are to be taken and further notified to the individuals concerned within specific deadlines. The law, as well as well-established case-law, now make it possible to have joint proceedings covering both recognition of ownership and compensation. In cases of delayed payment of compensation, the applicants concerned may be awarded additional compensation, if they are not liable for the delay.

Finally, the judgment was sent out to the competent judicial authorities and translated and published on the website of the State Legal Council ( www.nsk.gr ).

The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies