FINAL RESOLUTION DH (97) 184

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 9 DECEMBER 1994

IN THE CASE OF STRAN GREEK REFINERIES AND STRATIS ANDREADIS

AGAINST GREECE

(Adopted by the Committee of Ministers on 20 March 1997

at the 586th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 case of Stran Greek Refineries and Stratis Andreadis, delivered on 9 December 1994 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 13427/87) against Greece, lodged with the European Commission of Human Rights on 20 November 1987, under Article 25 of the Convention, by a Greek limited company, Stran Greek Refineries, and its sole shareholder, Mr Stratis Andreadis ;

Recalling that the Commission declared admissible the complaints concerning the right to a fair trial, the length of the proceedings and the right to the peaceful enjoyment of possessions, complaints lodged following the annulment by legislative measure of an arbitration award of 27 February 1984, while the validity of this award, recognised by the courts of first instance and of appeal, was pending before the Court of Cassation ;

Recalling that the arbitration award had found fully justified certain claims for just satisfaction made by the company Stran, in the limit of 116 273 442 drachmas, $US 16 054 165 and 614 627 French francs ;

Recalling that the case was brought before the Court by the Commission on 12 July 1993 ;

Whereas in its judgment of 9 December 1994 the Court unanimously:

– held that there had been a violation of Article 6, paragraph 1, as regards the right to a fair trial;

– held that there had been no violation of Article 6, paragraph 1, as regards the length of the proceedings ;

– held that there had been a violation of Article 1 of Protocol No. 1 ;

– held that the respondent state was to reimburse the applicants, within three months, the amount of the debt established by the arbitration award, plus simple interest at 6% from 27 February 1984 to the date of the present judgment for pecuniary damage and to pay the sum of 125 000 pounds sterling for costs and expenses incurred before the Strasbourg organs ;

– 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 9 December 1994, having regard to Greece’s obligation under Article 53 of the Convention to abide by it ;

Recalling that at the 564th meeting of the Ministers’ Deputies (May 1996), the Committee of Ministers had noted that the Government of Greece had not paid the just satisfaction, notwithstanding the expiry, on 9 March 1995, of the time limit set by the European Court of Human Rights in its judgment, and had, accordingly, adopted Interim Resolution DH (96) 251 urging the Government of Greece to proceed without delay to the payment of the just satisfaction and stressing Greece’s obligation to safeguard the value of the amounts awarded ;

Whereas, in September 1996 the Chairman of the Committee of Ministers wrote to the Minister of Foreign Affairs of Greece underlining the fact that the credibility and effectiveness of the mechanism for the collective enforcement of human rights established under the Convention is based on the respect of the obligations freely entered into by the Contracting parties and in particular on respect of the decisions of the supervisory bodies ;

Whereas, in his reply the Minister of Foreign Affairs expressed his personal commitment to resolving the issue in order to fully safeguard the credibility and effectiveness of the institutions of the Council of Europe ;

Whereas, the Committee of Ministers has subsequently been informed by the Government of Greece that on 17 January 1997 the government transferred $US 30 863 828.50 to the applicants, which sum the applicants are entitled to enjoy without any interference whatsoever ;

Whereas, the applicants have declared to the Committee of Ministers that they have received the above-mentioned amount and that they consider “that the Court’s judgment has been fully satisfied”;

The Committee of Ministers, having satisfied itself that the amount paid, increased in order to provide compensation for the loss of value caused by the delay in payment, corresponds to the just satisfaction awarded by the Court,

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