ALEXAKIS v. GREECE - 23377/08 [2010] ECHR 1561 (21 October 2010)

ALEXAKIS v. GREECE - 23377/08 [2010] ECHR 1561 (21 October 2010)

The length of the proceedings (over eight years and five months for three levels of jurisdiction) was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1. There was also no effective domestic remedy for such delay, violating Article 13.

Citation
[2010] ECHR 1561
Parties
Applicant: Athanasios Alexakis; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
21 October 2010
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment by European Court of Human Rights (first Section Committee)
Outcome
application allowed; violations found
Legal Topics
Right to a Hearing Within Reasonable Time, Effective Remedy for Excessive Length of Proceedings
Human Rights Law Administrative Law Right to a Hearing Within Reasonable Time Effective Remedy for Excessive Length of Proceedings

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Parties

Athanasios Alexakis

Applicant

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment by European Court of Human Rights (first Section Committee)

Legal Issues

  1. 1 Whether the length of administrative proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether there was an effective domestic remedy for excessive length of proceedings as required by Article 13

Ratio Decidendi

The length of the proceedings (over eight years and five months for three levels of jurisdiction) was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1. There was also no effective domestic remedy for such delay, violating Article 13.

Court Disposition

application allowed; violations found

Orders

  • Respondent State to pay applicant EUR 4,000 in respect of non-pecuniary damage within three months, plus any tax chargeable.
  • Respondent State to pay applicant EUR 500 in respect of costs and expenses within three months, plus any tax chargeable.