partly DISSENTING OPINION OF JUDGE YERARIS

( Translation )

I consider that the Court should declare the application inadmissible on the ground that the applicant has not exhausted domestic remedies. The Greek civil courts have held (see paragraph 32 of the judgment) that a possessor of land who is dispossessed pursuant to an eviction order issued under section 2(2) and (3) of Law no. 263/1968 must lodge an application for reinstatement if he wishes to recover the land. Such an application may be lodged either at the same time as an application to set aside the eviction order or separately. Any judgment allowing such an application is enforceable against the State, a State body or a private individual.

The applicant in the instant case failed to make such an application, which would be a sufficient and effective remedy enabling him to recover the cinema. There was all the more reason to use this legal remedy as the cinema was being operated by a third party, namely Ilioupolis Town Council, which, under the Greek Constitution, is a legal person separate from the State and consequently a party against which a judgment allowing an application for reinstatement would be enforceable.

In the light of the foregoing, I consider that there has been no violation of Article 13 of the Convention, which requires the States to provide for an effective remedy before a national authority.

[1] Notes by the Registry

1-2. Protocol No. 11 and the Rules of Court came into force on 1 November 1998.

[3] 3. Since the entry into force of Protocol No. 11, which amended Article 19, the Court has functioned on a permanent basis.

[2] 1. Note by the Registry . Rules of Court A applied to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and from then until 31 October 1998 only to cases concerning States not bound by that Protocol.

[3] . Note by the Registry . For practical reasons this annex will appear only with the final printed version of the judgment (in the official reports of selected judgments and decisions of the Court), but a copy of the Commission’s report is obtainable from the Registry.