RESOLUTION DH (98) 147

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 24 SEPTEMBER 1997 IN THE CASE OF GARYFALLOU A.E.B.E AGAINST GREECE

(Adopted by the Committee of Ministers on 11 June 1998 at the 633rd 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 Garyfallou case delivered on 24 September 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 18996/91) against Greece, lodged with the European Commission of Human Rights on 12 October 1991 under Article 25 of the Convention by Garyfallou A.E.B.E., a company registered under Greek law, and that the Commission declared admissible the complaints relating to the excessivelength of certain proceedings concerning criminal charge before the administrative courts;

Recalling that the case was brought before the Court by the Greek Government on 6 August 1996;

Whereas in its judgment of 24 September 1997 the Court unanimously:

- joined to the merits the Government's preliminary objection according to which Article 6, paragraph 1, of the Convention did not apply to the proceedings at issue, and dismissed it after considering the merits;

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

- - held, that the respondent State was to pay the applicant company, within three months, 1 200 000 drachmas for costs and expenses and that simple interest at an annual rate of 6 % should be payable on that sum from the expiry of the above-mentioned three months until settlement;

- - dismissed the remainder of the claim for just satisfaction;

- Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

- Having invited the Government of Greece to inform it of the measures which had been taken in consequence of the judgment of 24 September 1997, having regard to Greece's obligation under Article 53 of the Convention to abide by it;

- Whereas, during the examination of the case by the Committee of Ministers, the Government of Greece gave the Committee information about the measures taken in order to prevent new violations of the same kind as that found in the present judgment, i.e. that the judgment of the Court had been disseminated to the authorities concerned and published with comments in the journal Armenopoulos (no. 2/1998);

Having satisfied itself that on 5 December 1997, within the time-limit set, the Government of Greece paid the applicant company the sum provided for in the judgment of 24 September 1997,

Declares, after having taken note of the information supplied by the Government of Greece that it has exercised its functions under Article 54 of the Convention in this case.