Ouranio Toxo and others against Greece - 74989/01 [2011] ECHR 2167 (2 December 2011)

Ouranio Toxo and others against Greece - 74989/01 [2011] ECHR 2167 (2 December 2011)

The authorities failed in their positive obligations to effectively protect the applicants' freedom of association and did not ensure timely proceedings, resulting in violations of Articles 11 and 6(1) of the Convention.

Citation
[2011] ECHR 2167
Parties
Applicants: Ouranio Toxo and others; Respondent: Greece
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Closure of Supervision by Committee of Ministers
Outcome
Supervision of execution of judgment closed; Greece found to have complied with obligations under Article 46(1) of the Convention.
Legal Topics
Freedom of Association, Excessive Length of Proceedings, State Positive Obligations, Police Protection, Just Satisfaction
Human Rights Law Criminal Law Civil Procedure Freedom of Association Excessive Length of Proceedings State Positive Obligations Police Protection Just Satisfaction

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Parties

Ouranio Toxo and others

Applicants

Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Closure of Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the acts and omissions of national authorities violated the applicants' freedom of association under Article 11 of the Convention
  2. 2 Whether the excessive length of criminal proceedings combined with civil action for damages violated Article 6(1) of the Convention

Ratio Decidendi

The authorities failed in their positive obligations to effectively protect the applicants' freedom of association and did not ensure timely proceedings, resulting in violations of Articles 11 and 6(1) of the Convention.

Court Disposition

Supervision of execution of judgment closed; Greece found to have complied with obligations under Article 46(1) of the Convention.

Orders

  • Payment of just satisfaction to applicants (EUR 35,245)
  • Adoption of general measures to reinforce police protection of political parties and dissemination of the judgment