Published on 2 January 2023

THIRD SECTION

Application no. 42570/18 Georgios MOUSTAKAS against Greece lodged on 4 September 2018 communicated on 7 December 2022

SUBJECT MATTER OF THE CASE

The application concerns the dismissal by the public prosecutor at the Court of Cassation of the applicant’s request that the prosecutor should lodge an appeal on points of law against an acquittal judgment delivered in criminal proceedings in which the applicant had participated as a civil party.

Article 473 § 3 of the Code of Criminal Procedure provided that the time ‑ limit for lodging an appeal on points of law ran from the date of its registration in the special book kept at the registry. It also provided that the registration should take place within two months from the date of the delivery of the judgment. Judgment no. 98140A/2017 of the Athens Court of First Instance for Misdemeanours was delivered on 25 October 2017 and registered on 7 February 2018 in the special book kept at the registry of the court. On 2 March 2018 the applicant asked the prosecutor at the Court of Cassation to lodge an appeal on points of law against it. The prosecutor dismissed his request replying that the (one month) time-limit expired because the judgment was registered later than two months after its delivery.

Relying on Article 6 § 1 of the Convention, the applicant complained that the dismissal of his request violated his right of access to a court because it was based on an excessively formalistic interpretation which renders the registration of the judgment within two months from its delivery an admissibility requirement and is not supported by the relevant legal provisions.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right of access to court as guaranteed by Article 6 § 1 of the Convention?