MALLIAKOU AND OTHERS v. GREECE
Doc ref: 78005/11 • ECHR ID: 001-173636
Document date: April 26, 2017
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Communicated on 26 April 2017
FIRST SECTION
Application no. 78005/11 Athanasia MALLIAKOU and others against Greece lodged on 9 December 2011
SUBJECT MATTER OF THE CASE
The application concerns the revocation of the applicants ’ permission to exploit a quarry and the qualification of the largest part of their land as a zone of absolute protection in which any construction is forbidden in view of protection of historic monuments. The applicants complain that the above-mentioned acts resulted in deprivation of their property for which they did not receive any compensation as the domestic courts considered that their land was primarily destined for agricultural and stock-breeding activities, which were not impeded.
The applicants also complain about the length of the domestic proceedings, which lasted in total eleven years and about the lack of an effective domestic remedy in respect of their complaint about the length of the proceedings.
QUESTIONS tO THE PARTIES
1. Did the revocation of the applicants ’ permission to exploit a quarry and the qualification of the largest part of their land as a zone of absolute protection amount to an interference with their peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?
If so, was that interference subject to the conditions provided for by law for the purposes of Article 1 of Protocol No. 1? Did it impose an excessive individual burden on the applicants, having regard to the fact that the remaining part of their land was reduced to less than 4,000 sq. m, i.e. below the statutory minimum surface set for building land?
2. Was the length of the proceedings instituted by the applicants on 2 August 2000 in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
3. Did the applicants have at their disposal an effective domestic remedy for their complaint about the length of proceedings under Article 6 § 1, as required by Article 13 of the Convention?
APPENDIX