Resolution CM/ResDH(2022)97

Execution of the judgments of the European Court of Human Rights

Two cases against Greece

(Adopted by the Committee of Ministers on 20 April 2022

at the 1432 nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

58999/13

MOUSTAKIDIS

03/10/2019

29/10/2020

27/01/2020

29/01/2021

74515/13

ALFA GLASS ANONYMI EMBORIKI ETAIRIA YALOPINAKON

28/01/2021

31/05/2021

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the domestic courts’ refusal to examine in a single procedure the applicants’ actions seeking payment of compensation for the expropriation of their land (violations of Article 1 of Protocol No. 1) ;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)242 );

Recalling that the issue of the courts’ refusal to examine the action seeking payment of compensation for the expropriation at the same time as assessing the final amount payable continues to be examined within the context of the Koutsokostas case (64732/12) and that closure of these cases in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.