Resolution CM/ResDH(2021)375

Execution of the judgments of the European Court of Human Rights

Two 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

40758/09

PIALOPOULOS AND OTHERS (No 2)

07/09/2017

07/12/2017

43543/14

VLASTARIS

20/02/2020

07/09/2020

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 authorities’ failure to settle the status of the applicants’ properties in terms of the urban development plan and/or lack of an effective remedy to complain about the blocking of their land by expropriations (violations of Article 1 of the Protocol no 1 alone or in conjunction with Article 13 in both cases), and of the excessive length of administrative proceedings (violation of Article 6, paragraph 1 in the case of Pialopoulos and others (no. 2) );

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 reports 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 documents DH-DD(2021)94 , DH-DD(2021)640 );

Noting that closure of the examination of these cases shall not prejudge the Committee’s examination of the general measures required within the context of the Beka-Koulocheri group;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.