Resolution CM /ResDH(2007)103 [1]

Execution of the judgment of the European Court of Human Rights

Katsaros against Greece and four other judgments

(see appendix for details)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 these judgments transmitted by the Court to the Committee once they had become final;

Recalling that:

(a) all the cases concern the failure to comply or unreasonable delay in complying with final court judgments by the state or by regional or local authorities (violations of Article 6§1);

(b) the cases of Basoukou, Karahalios and Katsaros also concern violations of the applicant’s right to the peaceful enjoyment of their possessions resulting from the said failure or unreasonable delay (violations of Article 1 of protocol No; 1)

(c) the case of Kyrtatos also concerns the excessive length of certain proceedings before civil and administrative courts (violation of Article 6§1);

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Greece’s obligation under Article 46, paragraph 1, of the Convention 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 applicants 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 judgments, 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;

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

Noting, in particular, the comprehensive measures adopted for ensuring the administration’s effective compliance with domestic, final judgments (see Final Resolution ResDH(2004)81 in the case of Hornsby and other cases against Greece ) and for the acceleration of proceedings in civil courts (see Final Resolution ResDH(2005)64 in the case of Academy Trading Ltd and others and other cases against Greece) and administrative courts (see Final Resolution ResDH(2005)65 in the case of P afitis and others and other cases against Greece) ;

Noting, however, that the issue of the excessive length of proceedings in administrative courts continues to be under its close supervision, in the context of the case of Manios against Greece, judgment of 11/03/2004 and other cases (see Interim Resolution CM /ResDH(2007)74 – adopted on 6 June 2007);

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM /ResDH(2007)103

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

Katsaros against Greece and four other cases

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Cases

P ecuniary damage

Non-pecuniary damage

Costs and expenses

P aid on

51473/99 Katsaros, judgments of 06/06/02 and of 13/11/03, final on 06/09/02 and on 13/02/04

200,000 EUR

10,000 EUR

9,733 EUR

13/05/04

3028/03 Basoukou, judgment of 21/04/05, final on 21/07/05

15,000 EUR

-

-

17/10/05

62503/00 Karahalios, judgment of 11/12/03, final on 16/06/04

10,000 EUR

10,000 EUR

3,000 EUR

10/08/04

41666/98 Kyrtatos, judgment of 22/05/03, final on 22/08/03

-

1st applicant: 20,000 EUR;

2nd applicant: 10,000 EUR

5,000 EUR

18/11/03

2216/03

Manolis, judgment of 19/05/05, final on 19/08/05

-

-

-

-

b) Individual measures

1) As regards the Katsaros case , in 2001 the administration complied with the domestic judgments of 1993 and 1999 at issue relating to the lifting of the expropriation of the applicant’s land. The Court awarded the applicant just satisfaction covering his pecuniary and non-pecuniary damage from 1993 until 2001.

2) As regards the Basoukou case , the Urban Development Directorate of the Environment Ministry initiated the procedure for lifting the public use designation of the applicant's land, in accordance with the domestic judgment of 1996 at issue. The Ministerial decree modifying the urban plan of the town of Amarynthos , Evoia, was signed on 16/02/2006 and published in the Official Journal of 14/03/2006 (series D/197).

Finally, it is to be noted that the Court awarded the applicant just satisfaction covering the pecuniary damage sustained from February 1996 (the date of the domestic judgment at issue) until the date of the European Court’s judgment.

3) As regards the Karahalios case , i n January 2002, the applicant brought enforcement proceedings against the P refecture of Arkadia , as a result of which the sums retained by the Prefecture contrary to the domestic judgment of 1993, were placed on deposit in the applicant's name. The Court accepted that the subsequent payment of the applicant's creditors, through the attachment of the sum deposited in his name, amounted to the payment of the sum due to the applicant (§23). The Court has also awarded compensation for pecuniary damage suffered by the applicant because of the delay in payment of this sum.

4) As regards the Kyrtatos case , the applicants reside outside Greece and have shown no further interest in the enforcement of the two domestic judgments of 1995 at issue annulling the construction permits of buildings in a natural habitat area. As to the proceedings found excessively long by the Court, they have ended in favour of the applicants (the civil proceedings by judgment 176/2003 of the Aegean Court of Appeal and the proceedings before administrative courts by judgments 1674 and 1675/2000 of the P iraeus Administrative Court of Appeal).

5) Finally, as regards the Manolis case , the applicants were granted a construction permit in April 2004, in accordance with the domestic judgment of 2000, and work was in progress at the time of the Court's judgment. They submitted no claim in respect of just satisfaction before the Court. The applicants have brought an action for damages at national level.

II. General measures

1) As regards the authorities’ non-compliance or unreasonably delayed compliance with domestic, final judgments (violations of Article 6, paragraph 1, of the Convention), Greece has adopted a series of comprehensive statutory and other measures to ensure the administration's compliance with final domestic judgments (see Final Resolution ResDH(2004)81 in the case of Hornsby and other cases against Greece).

2) As regards the violations relating to the applicants’ property rights in the Basoukou, Karahalios and Katsaros c ases , the violations of Article 1 of P rotocol No.1 to the Convention were direct consequences of the violations mentioned in paragraph 1.

3) As regards the excessive length of proceedings in civil and administrative courts, raised in the Kyrtatos case (violations of Article 6, paragraph 1, of the Convention) , Greece has adopted a series of statutory and other measures to accelerate proceedings before civil courts (see Final Resolution ResDH(2005)64 in the case of Academy Trading Ltd and others and other cases against Greece).

Greece has also adopted a series of statutory and other measures to accelerate proceedings before administrative courts (see Final Resolution ResDH(2005)65 in the case of P afitis and others and other cases against Greece ). However, despite these measures, the drafting of new legislation has been regarded necessary to effectively deal with this problem, as well as with the lack of an effective domestic remedy, which remains under close supervision by the Committee of Ministers (see Interim Resolution CM /ResDH(2007)74).

III. Conclusions of the respondent state

The government considers that the individual measures adopted have fully remedied the consequences for the applicants of the violations found in these cases, and that the general measures adopted and under way will prevent new, similar violations. Greece has thus 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.