PAROUTSAS AND OTHERS v. GREECE - 34639/09 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 220 (02 March 2017)

PAROUTSAS AND OTHERS v. GREECE - 34639/09 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2017] ECHR 220 (02 March 2017)

The Court found that the application of an irrebuttable presumption of notification by posting, without considering the applicant's specific circumstances and inability to access the notification, constituted excessive formalism and deprived him of effective access to a tribunal, violating Article 6 § 1. The Court also found that the duration of the proceedings (over five years for two levels of jurisdiction) was excessive and did not meet the 'reasonable time' requirement of Article 6 § 1.

Citation
[2017] ECHR 220
Parties
Applicant: Athanasios Paroutsas; Applicant: Aspasia Paroutsa; Applicant: Efthymia Paroutsa; Applicant: Dimitra Paroutsa; Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
02 March 2017
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Application partly allowed; violations found.
Legal Topics
Right of Access to a Court, Reasonable Time for Proceedings, Notification of Administrative Acts, Procedural Fairness
Human Rights Law Administrative Law Right of Access to a Court Reasonable Time for Proceedings Notification of Administrative Acts Procedural Fairness

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Parties

Athanasios Paroutsas

Applicant

Aspasia Paroutsa

Applicant

Efthymia Paroutsa

Applicant

Dimitra Paroutsa

Applicant

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)

Legal Issues

  1. 1 Whether the applicant was denied access to a tribunal in violation of Article 6 § 1 of the Convention due to the method of notification and the application of a strict procedural time limit.
  2. 2 Whether the length of the proceedings exceeded the 'reasonable time' requirement under Article 6 § 1 of the Convention.

Ratio Decidendi

The Court found that the application of an irrebuttable presumption of notification by posting, without considering the applicant's specific circumstances and inability to access the notification, constituted excessive formalism and deprived him of effective access to a tribunal, violating Article 6 § 1. The Court also found that the duration of the proceedings (over five years for two levels of jurisdiction) was excessive and did not meet the 'reasonable time' requirement of Article 6 § 1.

Court Disposition

Application partly allowed; violations found.

Orders

  • The respondent State must pay the applicant 4,200 EUR for non-pecuniary damage, plus any tax due.
  • The respondent State must pay the applicant 1,274 EUR for costs and expenses, plus any tax due.