Resolution ResDH(2005) 98

concerning the judgment of the European Court of Human Rights of 27 May 2004 (final on 27 August 2004) ) in the case of Metaxas against Greece

(Adopted by the Committee of Ministers on 26 October 2005 at the 940 th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Metaxas case delivered on 27 May 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 8415/02) against Greece, lodged with the European Court of Human Rights on 14 February 2002 under Article 34 of the Co n vention by Mr Alexandros Metaxas, a Greek national, and that the Court declared admissible the complaints concerning the administration ' s refusal to comply with a decision of the Court of Audit delivered in 2000 until 2003;

Whereas in its judgment of 27 May 2004 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that there had been a violation of Article 1 of Protocol No. 1;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 10 000 euros in respect of non-pecuniary damage, 12 000 euros in respect of pecuniary damage, plus any amount that may be chargeable for tax, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 27 May 2004, having regard to Greece ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind in particular through comprehensive constitutional, statutory and regulatory measures aimed at improving the enforcement by the administration of final domestic judgments (see Final Resolution ResDH(2004)81 in Hornsby against Greece and other cases) and indicated that the Court ' s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 27 October 2004, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 27 May 2004,

Declares, after having examined the information supplied by the Government of Greece, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.