Azas, Athanasiou and others, Biozokat A.E., Efstathiou and Michailidis and Cie Motel Amerika... against Greece - 50824/99 [2011] ECHR 2168 (2 December 2011)

Azas, Athanasiou and others, Biozokat A.E., Efstathiou and Michailidis and Cie Motel Amerika... against Greece - 50824/99 [2011] ECHR 2168 (2 December 2011)

The European Court found violations of Article 1 of Protocol No. 1 due to inadequate compensation based on irrebuttable presumptions of benefit, excessive procedural burdens, and limitations on reimbursement of judicial costs. Legislative and jurisprudential reforms in Greece have since addressed these issues, aligning domestic law and practice with the Court's requirements.

Citation
[2011] ECHR 2168
Parties
Applicant: Azas; Applicant: Athanasiou and others; Applicant: Biozokat A. E.; Applicant: Efstathiou and Michailidis and Cie Motel Amerika; Applicant: Interoliva A. B. E. E.; Applicant: Konstantopoulos A. E. and others; Applicant: Organochimika Lipasmata Makedonias A. E.; Applicant: Ouzounoglou; Applicant: Zacharakis; Respondent: Greece
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
European Court of Human Rights Judgment(s) on Expropriation and Compensation / Post Final Judgment, Execution and Compliance Review
Outcome
Just satisfaction awarded and paid; no further individual measures required; general measures adopted and found sufficient.
Legal Topics
Expropriation, Compensation for Expropriation, Just Satisfaction, Article 1 of Protocol No. 1 ECHR, Judicial Costs, Legislative Reform, Compliance With ECHR Judgments
Human Rights Law Property Law Administrative Law Expropriation Compensation for Expropriation Just Satisfaction Article 1 of Protocol No. 1 ECHR Judicial Costs +2 more

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Parties

Azas

Applicant

Athanasiou and others

Applicant

Biozokat A. E.

Applicant

Efstathiou and Michailidis and Cie Motel Amerika

Applicant

Interoliva A. B. E. E.

Applicant

Konstantopoulos A. E. and others

Applicant

Organochimika Lipasmata Makedonias A. E.

Applicant

Ouzounoglou

Applicant

Zacharakis

Applicant

Greece

Respondent

Procedural Posture

European Court of Human Rights Judgment(s) on Expropriation and Compensation / Post Final Judgment, Execution and Compliance Review

Legal Issues

  1. 1 Whether the compensation for expropriation was adequate under Article 1 of Protocol No. 1 ECHR
  2. 2 Whether the presumption of benefit from road improvements as compensation was lawful
  3. 3 Whether the procedures and costs for obtaining compensation were compatible with the Convention

Ratio Decidendi

The European Court found violations of Article 1 of Protocol No. 1 due to inadequate compensation based on irrebuttable presumptions of benefit, excessive procedural burdens, and limitations on reimbursement of judicial costs. Legislative and jurisprudential reforms in Greece have since addressed these issues, aligning domestic law and practice with the Court's requirements.

Court Disposition

Just satisfaction awarded and paid; no further individual measures required; general measures adopted and found sufficient.

Orders

  • Payment of just satisfaction to applicants as specified in each case
  • No further individual measures required