CASE OF STRAN GREEK REFINERIES AND STRATIS ANDREADIS AGAINST GREECE
Doc ref: 13427/87 • ECHR ID: 001-55822
Document date: May 15, 1996
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The Committee of Ministers, under the terms of Article 54 (art. 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 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 (art. 25) of the Convention by a private limited Greek 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 so far as they did not exceed 116 273 442 Greek 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 (art. 6-1), as regards the right to a fair trial;
- held that there had been no violation of Article 6, paragraph 1 (art. 6-1), as regards the length of the proceedings;
- held that there had been a violation of Article 1 of Protocol No. 1 (P1-1);
- 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 (art. 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 (art. 53) of the Convention to abide by it;
Finding that the Government of Greece still has not paid the just satisfaction, notwithstanding the expiry of the time-limit set by the European Court of Human Rights in its judgment of
9 December 1994 (namely 9 March 1995);
Whereas, the Government of Greece has declared that, considering the size of the just satisfaction awarded to the applicants and the economic problems in Greece, it is not able to make immediate full payment;
Concluding that the modalities of payment envisaged by the Government of Greece cannot be considered to be in conformity with the obligations following from the Court's judgment,
Strongly urges the Government of Greece to proceed without delay to the payment of the amount corresponding to the value of the just satisfaction at 9 March 1995;
Decides accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings.