Resolution ResDH (2003)16 concerning the judgment of the European Court of Human Rights of 16 November 2000 (final on 16 February 2001) in the case of Limited Liability Company « Sotiris and Nikos Koutras ATTEE » against Greece

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 judgment of the Europe an Court of Human Rights in the Limited Liability Company « Sotiris and Nikos Koutras ATTEE » case delivered on 16 November 2000 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. 39442/98) against Greece, lodged with the European Commission of Human Rights on 11 July 1997 under former Article 25 of the Convention by the Limited Liability Company « Sotiris and NiKos Koutras ATTEE », a Greek company, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to a disproportionate restraint to the applicant company’s right of access to a court on account of the fact that the Council of State had mistakenky declared inadmissible his appeal for annulment and because of the absence of effective remedies to establish his rights;

Whereas in its judgment of 16 November 2000 the Court unanimously:

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

- held that it was not necessary to examine the complaint under Article 13 of the Convention;

- 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, 3 000 000 Greek drachmas in respect of non-pecuniary damage and 250 000 Greek drachmas in respect of costs and expenses together with any value-added tax that may be chargeable,

- held that that simple interest at an annual rate of 6% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfaction;

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 measures which had been taken in consequence of the judgment of 16 November 2000, having regard to Greece’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been published on the official Internet site of the State Legal Council and sent out to the authorities directly concerned;

Having satisfied itself that on 3 April 2001, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 16 November 2000,

Declares, after having taken note of the information supplied by the Government of Greece, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.