resolution DH (99) 25

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 26 November 1997 IN THE CASE OF Stamoulakatos Nicolas (n o . 2) AGAINST Greece

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 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 Stamoulakatos Nicolas (No. 2) case delivered on 26 November 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 27159/95) against Greece, lodged with the European Commission of Human Rights on 1 April 1995 under Article 25 of the Co n vention by Mr Nicolas Stamoulakatos , a Greek national, and that the Commission declared admissible his complaints concerning the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit and the absence of an effective remedy in this respect;

Recalling that the case was brought before the Court by the Government of Greece on 9 December 1996;

Whereas in its judgment of 26 November 1997, the Court unanimously:

- rejected the Government's preliminary objections;

- held that Article 6, paragraph 1, of the Convention was applicable and had been violated;

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

- held that the respondent State was to pay the applicant, within three months, 1 000 000 Greek drachmas in respect of non-pecuniary damage; and that simple interest at an annual rate of 6% should be payable from the expiry of the above-mentioned three months until settlement;

- rejected the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 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 26 November 1997, having regard to Greece’s obligation under Article 53 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 accordingly indicated that the Court's judgment had been published in the Journal juridique d'application du droit public and sent out to the authorities directly concerned;

Having satisfied itself that on 26 February 1998, within the time-limit set, the government of the respondent State paid the a p plicant the sum provided for in the judgment of 26 November 1997,

Declares, after having taken note of the information supplied by the Government of Greece, that it has