INTERIM resolution DH ( ) 314

HUMAN RIGHTS

APPLICATION No. 30175/96

AVIS HOTEL, TOURIST AND RURAL INDUSTRY ENTREPRISES AGAINST GREECE

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 28 October 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 15 November 1995 by a limited company incorporated under Greek law, Avis Hotel Tourist and Rural Industry Enterprises, against Greece;

Whereas on 3 December 1997 the Commission transmitted the said report to the Committee of Ministers ;

Whereas the case was referred to the Court by the Greek Government on 7 March 1998 but whereas the Court, in its judgment of 30 July 1998, held that it could not deal with the merits of this case as the case had not been referred to it within the three months time-limit laid down in Articles 32, paragraph 1, and 47 of the Convention, as a consequence of which, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention;

Whereas in its application, declared admissible by the Commission on 10 April 1997, the applicant company complained of the unfairness and the excessive length of proceedings which resulted in the applicant company’s being deprived of ist property without payment of any compensation as well as of the system for setting off of costs applied in the present case ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention, as regards the fairness of the proceedings, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention, as regards the length of the proceedings; unanimously, that there had been a violation of Article 1 Protocol No. 1 because reasonable compensation had not been paid within the time-limit provided for by law and on account of the system for “setting off” of costs under Greek law as applied in the case before it; and by fourteen votes to three, that no separate issue arose under Article 14 taken together with Article 1 of Protocol No. 1 ;

Whereas, at the 640th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 25 September 1998, that there had been in this case a violation of Article 6, par a graph 1, of the Convention as regards the fairness of the proceedings; that there had been a violation of Article 6, paragraph 1, of the Convention as regard the length of the proceedings; that there had been a violation of Article 1 Protocol No. 1 because reasonable compensation had not been paid within the time-limit provided for by law and on account of the system for “setting off” of costs under Greek law as applied in the case before it,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.