Information Note on the Court’s case-law 18

May 2000

Agoudimos and Cefallonian Sky Shipping Co. v. Greece (dec.) - 38703/97

Decision 18.5.2000 [Section II]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Promulgation of new legislation favouring the authorities’ position in ongoing proceedings to which they are party: admissible

The first applicant acquired a ship which had been put on compulsory auction sale after having been seized by the previous owner’s creditors. The first applicant sold it to the applicant company which in turn sold it to a foreign company. The applicant company requested the authorities to remove the ship from the register of ships as it had been bought by a foreign company. The request was rejected, however, on the ground that it had not been established that all the debts pertaining to the ship before the auction sale had been settled. The applicant company filed a complaint with the first instance court, which stated that a person acquiring a ship put on compulsory auction sale could not be held liable of the debts of the previous owner. No appeal was lodged by the authorities against this decision and the ship was accordingly rem oved from the authorities’ register. In spite of this decision, the Social Security authorities claimed from both applicants, as previous owners of the ship, social security contributions for periods preceding the auction sale. The applicants brought the c ase before the first instance court which found against them. However, on their appeal, the Court of Appeal quashed this decision. Parliament subsequently enacted a new law according to which persons having acquired a ship following a compulsory auction sa le were to be liable for the debts existing prior to the auction sale. In the light of this new legislation, the Social Security authorities appealed against the Court of Appeal’s decision. The Court of Cassation’s decision was in favour of the authorities and the case was referred back to another Court of Appeal, where it is pending.

Admissible under Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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