PAPAMICHALOPOULOS AND OTHERS v. GREECE (ARTICLE 50) - 14556/89 [1995] ECHR 45 (31 October 1995)

PAPAMICHALOPOULOS AND OTHERS v. GREECE (ARTICLE 50) - 14556/89 [1995] ECHR 45 (31 October 1995)

The Court held that just satisfaction under Article 50 includes reasonable compensation for pecuniary and non-pecuniary damage, as well as necessary costs such as expert fees, and determined the amounts to be awarded based on equitable assessment and the circumstances of the case.

Source-derived case information.

Citation
[1995] ECHR 45
Parties
Applicant: Applicants; Respondent: Respondent State
Jurisdiction
European Union
Judgment Date
31 October 1995
Procedural Posture
Human Rights Compensation / Post Judgment (article 50 Just Satisfaction)
Outcome
Claims partly allowed; compensation and costs awarded; remainder dismissed.
Legal Topics
Just Satisfaction, Restitution, Pecuniary Damage, Non Pecuniary Damage, Costs and Expenses
Human Rights Law Property Law Just Satisfaction Restitution Pecuniary Damage Non Pecuniary Damage Costs and Expenses

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Summary, issues, holding and outcome

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Parties

Applicants

Applicant

Respondent State

Respondent

Procedural Posture

Human Rights Compensation / Post Judgment (article 50 Just Satisfaction)

Legal Issues

  1. 1 Whether the applicants are entitled to just satisfaction under Article 50 for pecuniary and non-pecuniary damage and costs, including expert fees.
  2. 2 Whether the respondent State is liable for the costs of the expert report ordered by the Court.

Ratio Decidendi

The Court held that just satisfaction under Article 50 includes reasonable compensation for pecuniary and non-pecuniary damage, as well as necessary costs such as expert fees, and determined the amounts to be awarded based on equitable assessment and the circumstances of the case.

Court Disposition

Claims partly allowed; compensation and costs awarded; remainder dismissed.

Orders

  • Expert report is valid.
  • Respondent State to return land (104,018 sq. m, including buildings) to applicants within six months.