AGROTEXIM HELLAS S.A. AND OTHERS v. GREECEOPINION OF MRS. G.H. THUNE (JOINED BY MR. J.A. FROWEIN)
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Document date: March 10, 1994
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OPINION OF MRS. G.H. THUNE (JOINED BY MR. J.A. FROWEIN)
While I agree with the Commission that there has been violation
of Article 1 of Protocol No. 1 and no violation of Article 6 in the
present case I am unable to share the Commission's opinion that
Article 13 has not been violated.
It is true that Article 6 para. 1 of the Convention cannot be
interpreted as requiring that shareholders be allowed to bring before
the domestic civil courts the claims of their company against third
persons. However, when the shareholders' property rights guaranteed
by Article 1 of Protocol No. 1 are - indirectly but necessarily -
affected by measures taken against the company and the company as such
is unable to react, Article 13 of the Convention requires that the
domestic legal order grants to the shareholders an effective remedy for
the protection of their rights.
As no such effective remedy existed in the present case (c.f.
Commission's Decision on the admissibility of this application)
Article 13 of the Convention has been violated.
(Or. English)