Resolution CM/ResDH(2023)32

Execution of the judgments of the European Court of Human Rights

Five cases against Greece

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

38878/03

BEKA-KOULOCHERI

06/07/2006

06/10/2006

14263/04

ROMPOTI AND ROMPOTIS

25/01/2007

09/07/2007

27939/08

VALYRAKIS

11/10/2011

11/01/2011

21455/10

BOUSIOU

24/10/2013

24/01/2014

35607/12

NIKA

18/03/2021

18/03/2021

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;

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 information provided by the government indicating the individual 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(2023)62 );

Considering that the question of individual measures was resolved, given that the just satisfaction, where awarded by the Court, was paid in full and the applicants’ properties has been either freed of the expropriation in accordance with the domestic judgment ordering the lifting of the expropriation, or the compensation was paid or the land in question was purchased by the authorities;

Noting the significant general measures taken by the authorities to resolve the problems raised in the Beka-Koulocheri group of cases as regards in particular the excessive burden on landowners to make proposals for urban planning modifications and to provide relevant documents of technical character;

Recalling that the question of the outstanding general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of a new group of cases named Kanellopoulos and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the outstanding general measures;

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

DECIDES to close the examination of these cases.