Resolution CM/ResDH(2007)81 [1]

Execution of the judgment of the European Court of Human Rights

Yagtzilar and others against Greece

(Application No. 41727/98, judgment of 6 January 2001, final on 10 July 2002 and judgment of 15 January 2004, final on 15 April 2004)

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 violations of the Convention found by the Court in this case concern in particular a disproportionate constraint on the applicants ' right of access to a court to pursue their claims for compensation for land occupied in 1925, and subsequently expropriated, and the excessive length of these proceedings (violations of Article 6, paragraph 1, violation of Article 1 of P rotocol No. 1, see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order 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 plicants the just satisfaction provided in the judgments (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

- general measures preventing, similar violations of the Convention;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of the case.

Appendix to Resolution CM/ResDH(2007)81

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

Yagtzilar and others against Greece

Introductory case summary

The case concerns a disproportionate constraint upon the applicants ' right of access to a court to pursue their claims for compensation for land occupied in 1925, and subsequently expropriated, in order to accommodate refugees from Asia Minor . The court of appeal decided in 1995 at an advanced stage of the proceedings pursued by the applicants diligently and in good faith, that their claim for compensation was out of time (violation of Article 6§1). It also concerns the excessive length of these proceedings (more than 63 years of which nine fall under the Court ' s jurisdiction) which ended in 1997 (violation of Article 6§1) and the lack of any compensation for the applicants ' deprivation of their possessions (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

1 600 000 EUR

-

60 000

1 660 000

Paid on 12 July 2004

b) Individual measures

The European Court awarded the applicants compensation for the pecuniary damage sustained. No further measures are required.

II. General measures

1) As regards the problem of access to a court in this case, it appears to have been of an exceptional nature and publication and dissemination of the judgment of the European Court has been regarded as sufficient for execution. The judgment has been sent out to the competent judicial authorities and translated and published on the site of the State Legal Council ( www.nsk.gr ).

2) As regards the expropriation-related proceedings, Greece has in particular 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 (amended by Law 2985/2002) on land expropriation procedure. After the entry into force of Law 2915/2001, the main effect of which was to shorten the evidentiary phase of proceedings, first-instance proceedings are now concluded within one and a half years maximum, while in the past they used to last up to four years.

Law 2882/2001 has introduced the following major changes: (a) expropriation decisions are to be taken and notified to the individuals concerned within specific deadlines; (b) the registration of land subject to expropriation is to be carried out upon the initiation of the expropriation procedure; the individual concerned may challenge this registration without interrupting the progress of the procedure; (c) the law now makes it possible to have joint proceedings covering both recognition of ownership and compensation and (d) in cases of delayed payment of compensation, the individual concerned may be awarded additional compensation, if he is not liable for the delay.

III. Conclusion of the respondent state

The government considers that the measures taken have fully remedied the consequences for the applicants of the violations found in this case, will prevent new, similar violations and that Greece has therefore complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.