LOULI-GEORGOPOULOU v. GREECE - 22756/09 (Judgment : Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Access to court)) French Text [2017] ECHR 260 (16 March 2017)

LOULI-GEORGOPOULOU v. GREECE - 22756/09 (Judgment : Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Access to court)) French Text [2017] ECHR 260 (16 March 2017)

Greek courts imposed disproportionate formal requirements by refusing to recognize the applicant's civil party status despite clear documentary evidence of her heirship, thus violating her right of access to a court under Article 6 § 1 ECHR.

Source-derived case information.

Citation
[2017] ECHR 260
Parties
Applicant: Dionysia Louli-Georgopoulou; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Access to Court, Excessive Formalism, Party Status, Satisfaction for Moral Damage
Human Rights Criminal Law Civil Procedure Right to a Fair Trial Access to Court Excessive Formalism Party Status Satisfaction for Moral Damage

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Parties

Dionysia Louli-Georgopoulou

Applicant

Republic of Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicant's right of access to a court under Article 6 § 1 ECHR was violated due to excessive formalism by Greek courts in refusing her party status as civil claimant

Ratio Decidendi

Greek courts imposed disproportionate formal requirements by refusing to recognize the applicant's civil party status despite clear documentary evidence of her heirship, thus violating her right of access to a court under Article 6 § 1 ECHR.

Court Disposition

violation found

Orders

  • State must pay applicant 3,000 EUR for moral damage within three months, plus any applicable tax.
  • Interest at ECB marginal lending rate plus three percentage points applies after deadline.