Published on 3 July 2023

THIRD SECTION

Application no. 29017/18 Vincenzo GIUDICE and Others against Greece lodged on 14 June 2018 communicated on 14 June 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicants’ lack of access to a court, following the dismissal of their civil action against two companies because they could not afford to pay a sum corresponding to the companies’ legal costs and expenses prior to adjudication of the case (« εγγυοδοσία »).

The first applicant is owner, captain and mechanic of a fishing ship named “LUISA” and the second and third applicants are members of its crew. Their ship was implicated in an accident with another ship named “CMA VGM ELBE” which resulted in the former’s sinking. The applicants brought civil proceedings against the company which had ownership of the second ship (“LACEY NAVIGATION Inc”), the company which represented it in Greece (“DANAOS SHIPPING”), the officer on duty D.Z. and its captain C.T.

Following the two companies’ request, the first-instance court suspended the proceedings against them and ordered the applicants to deposit as security: 23,150 euros (EUR) - the first applicant, EUR 3,150 - the second applicant, and EUR 3,000 - the third applicant - to the Loans and Funds Deposit, pursuant to Article 169 of the Code of Civil Procedure. In particular, it was considered that in the event the applicants lost their civil action, the two companies would not be able to enforce the decision granting them legal costs and expenses and, therefore, the applicants should deposit in advance the above-mentioned sums. Due to the inability of the applicants to pay the security within the deadline, their action was dismissed against the two companies and continued in respect of the two individuals. The proceedings ended in the applicants’ favour. They were awarded EUR 329,190.50 but could not enforce the judgment due to lack of assets of the two individuals.

QUESTIONS TO THE PARTIES

1. Have the applicants exhausted the domestic remedies? In particular, have they put forward their arguments about lack of access to a court before the Court of Cassation in accordance with the domestic procedural rules?

2. Have the applicants been deprived of their right of access to a court under Article 6 § 1 of the Convention due to the dismissal of their civil action against the two companies because they were unable to deposit in advance a sum corresponding to the eventual legal costs and expenses the two companies would be entitled to recover in the event the applicants lost their civil action against them?

APPENDIX

List of applicants

No.

Applicant’s name Year of birth Place of residence Nationality

Representative’s name Location

1.

2.

3.Vincenzo GIUDICE 1955 Augusta Italian Giuseppe ZUPPELLA 1971 Catane Italian Carmelo EVOLI 1958 Augusta Italian

Dimitrios PETROUSKAS Samos