Resolution CM/ResDH(2021)376

Execution of the judgments of the European Court of Human Rights

Four cases against Greece

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

15909/06

I AVGI PUBLISHING AND PRESS AGENCY S.A.& KARIS

05/06/2008

05/09/2008

49330/07

ALFANTAKIS

11/02/2010

28/06/2010

54608/09+

KOUTSOLIONTOS AND PANTAZIS

22/09/2015

22/12/2015

52137/12

KAPSIS AND DANIKAS

19/01/2017

19/04/2017

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 freedom of expression violations due to civil courts’ decisions by which the applicants’ (most of them journalists) were ordered to pay damages for having offended, mostly through articles published in the press, the plaintiffs through defamation or insult (violations of Article 10) ;

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 individual 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(2021)1247 );

Considering that no further individual measures appear possible since it is not possible, under Greek law, to have a civil case re-examined or re-opened following a judgment of the European Court;

Recalling that the question of general measures required in response to the violations established in these cases continues to be examined within the framework of the Vasilakis group of cases (Application no. 25145/05) and that the closure of these cases therefore 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.