SAMSARELOS AND OTHERS v. GREECE - 26666/09 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2015] ECHR 805 (17 September 2015)

SAMSARELOS AND OTHERS v. GREECE - 26666/09 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2015] ECHR 805 (17 September 2015)

The duration of civil proceedings (14 years, 9 months) was excessive and violated Article 6 § 1. Greek law did not provide an effective remedy for such delay at the relevant time, violating Article 13. Only applicants who participated in domestic proceedings had victim status. Claims regarding property rights and...

Source-derived case information.

Citation
[2015] ECHR 805
Parties
Applicant: Alexandros Samsarelos et autres (34 Greek, 7 British/Australian nationals, see annex); Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section Committee
Outcome
Application partly allowed, partly rejected
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Property Rights
Human Rights Civil Procedure Right to a Fair Trial Reasonable Time Requirement Effective Remedy Property Rights

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Parties

Alexandros Samsarelos et autres (34 Greek, 7 British/Australian nationals, see annex)

Applicant

Republic of Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section Committee

  1. 1 Whether the length of civil proceedings violated Article 6 § 1 (reasonable time)
  2. 2 Whether lack of effective remedy for excessive duration violated Article 13
  3. 3 Whether applicants had victim status

Ratio Decidendi

The duration of civil proceedings (14 years, 9 months) was excessive and violated Article 6 § 1. Greek law did not provide an effective remedy for such delay at the relevant time, violating Article 13. Only applicants who participated in domestic proceedings had victim status. Claims regarding property rights and access to court were manifestly ill-founded.

Court Disposition

Application partly allowed, partly rejected

Orders

  • Disjoined and struck out claim of applicant no. 26 (deceased)
  • Rejected claims of applicants nos. 22 and 23 (lack of victim status)