Resolution ResDH (2003)140

concerning the judgment of the European Court of Human Rights of 29 February 2000 (Friendly settlement) in the case of Dionyssios Petrotos against Greece

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the case of Dionyssios Petrotos delivered on 29 February 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 43597/98) against Greece, lodged with the European Commission of Human Rights on 15 July 1998 under former Article 25 of the Co n vention by Mr Dionyssios Petrotos , a Greek national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the refusal by a local water-supply authority to comply with two judicial decisions ordering it to pay the applicant compensation for having unlawfully deprived his agricultural land of water;

Whereas in its judgment of 29 February 2000 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement the Government of Greece accepted that the water supplying local authority concerned would pay the applicant the sum of 15 000 000 drachmas, in respect of all kinds of damages suffered, in three equivalent transfers - the first of which had already been made, while the other two were to be made on 30 May 2000 and on 31 October 2000 respectively;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that in May and October 2000, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement;

Recalling that, as regard the applicant’s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgments in Hornsby, Iatridis , Antonakopoulos ), finding, inter alia , violations of Article 6, paragraph 1, of the Convention on account of non-execution of judicial decisions by the Greek administration;

Whereas, in this connection, the Greek authorities informed the Committee of Ministers that they have drafted and adopted new general measures in order to put an end to the serious problem of non-execution of judicial decisions so as to prevent new violations similar to those already found by the Court,

Whereas, the general measures are examined in the context of supervision of the above-mentioned cases,

Declares, after having taken note of 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 with respect to the commitments subscribed in the present case.