Resolution CM/ResDH(2021)380

Execution of the judgments of the European Court of Human Rights

Three 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

36970/06

VAMVAKAS

16/10/2008

16/01/2009

43374/06

LOULI

31/07/2008

31/10/2008

22756/09

LOULI-GEORGOPOULOU

16/03/2017

16/06/2017

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 of the applicants’ right of access to a tribunal due to the excessively formalistic rejection as inadmissible of the applicants’ appeals in criminal proceedings before criminal courts, including the Court of Cassation (violations of Article 6, paragraph 1, of the Convention);

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(2021)484 );

Considering that no further individual measures appear necessary in these cases;

Noting that the respondent State took legislative measures with a view to addressing the domestic courts’ excessively formalistic approach in criminal proceedings concerning two inadmissibility grounds, in particular: a) inadmissibility of appeal in cassation because the grounds of the appeal were included in an attached document ( Vamvakas ); and b) inadmissibility of appeal lodged by the civil party in criminal proceedings on the grounds that the appellant’s quality as heir was not indicated in the record of the first-instance hearing ( Louli ; and Louli-Georgopoulou );

Noting further that the outstanding issues with respect to the excessively formalistic approach concerning other inadmissibility grounds which arose in the context of Kallergis and of three similar cases closed on the basis of the individual measures taken (Evaggelou, Sik and Shuli) continue to be examined by the Committee within the context of the new Kallergis group of cases (replacing the Vamvakas group) and that the closure of these cases in no way prejudges the Committee’s evaluation of the remaining 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 thereof.