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CASE OF PHILIS AGAINST GREECE

Doc ref: 12750/87;13780/88;14003/88 • ECHR ID: 001-55584

Document date: December 5, 1994

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CASE OF PHILIS AGAINST GREECE

Doc ref: 12750/87;13780/88;14003/88 • ECHR ID: 001-55584

Document date: December 5, 1994

Cited paragraphs only

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 Philis case delivered on 27 August 1991 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in three applications

against Greece lodged with the European Commission of Human Rights

on 5 January 1987, 6 April 1988 and 24 June 1988 under Article 25

(art. 25) of the Convention by Mr Nicolaos Philis, a Greek

national, and that the Commission declared admissible the

complaints regarding the restrictions on the applicant's right of

access to the courts, the duration of the proceedings instituted

and the absence of effective remedies with regard to the alleged

violations of the Convention;

Recalling that the case was brought before the Court by the

Commission on 21 May 1990;

Whereas in its judgment of 27 August 1991 the Court:

- held by eight votes to one that there had been a violation

of the right of access to a court, guaranteed under Article 6,

paragraph 1 (art. 6-1);

- held unanimously that it was not necessary to determine

whether in addition a "reasonable time" within the meaning of the

same article (art. 6-1) had been exceeded;

- held unanimously that it was likewise not necessary to

examine the case either under Article 13 (art. 13) or under

Article 14 in conjunction with Article 6 (art. 14+6);

- held unanimously that the respondent state had to pay to

the applicant 1 000 000 drachmas for non-pecuniary damage and

6 800 000 drachmas for costs and expenses;

- dismissed unanimously 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

27 August 1991, having regard to Greece's obligation under

Article 53 (art. 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 consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that on 31 January 1992 the Government

of Greece paid the applicant the sums provided for in the judgment

of 27 August 1991,

Declares, after having taken note of the information supplied

by the Government of Greece, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (94) 85

Information provided by the Government of Greece

during the examination of the Philis case

by the Committee of Ministers

By Presidential Decree of 7 March 1994, which entered into

force on 11 March 1994, Greek law regarding engineers' right of

access to the courts has been brought into line with the

requirements flowing from the judgment of the Court in the

Philis case.

Having regard to Articles 6, 50, 52 53 and 54 (art. 6,

art. 50, art 52, art. 53, art. 54) of the Convention, this decree

provides, inter alia, as follows:

"Article 1

The provisions of paragraphs 4 and 5 of Article 2 of Royal

Decree No. 30 of 31 May 1956 'laying down the rules for the

remuneration of engineers in general' are replaced as follows:

Article 2

4. Where the commissioning party refuses, hinders or delays

partial or full payment of the fee owed, the engineer, or the

design office, regardless of the type of enterprise chosen (...),

shall have the capacity to institute proceedings before the courts

in order to recover the amount owed. The Technical Chamber of

Greece shall also be empowered to bring such proceedings. The

object of the declaratory action shall be the payment owed to the

Technical Chamber of Greece. The above provisions shall also apply

with respect to interim measures.

5. As soon as one of the above creditors introduces such

proceedings, he shall inform the other who shall have the right to

intervene in the proceedings. Notification of the originating

summons is sufficient for this purpose."

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