NIKOLOUDAKIS v. GREECE - 35322/12 (Judgment - Right to a fair trial : First Section) French Text [2020] ECHR 258 (26 March 2020)

NIKOLOUDAKIS v. GREECE - 35322/12 (Judgment - Right to a fair trial : First Section) French Text [2020] ECHR 258 (26 March 2020)

The State's prolonged failure to enforce final domestic judgments in favor of the applicants, and its failure to provide alternative remedies or compensation, constituted a violation of Article 6 § 1 of the Convention. The State's obligation to ensure enforcement exists regardless of whether the dispute is between...

Source-derived case information.

Citation
[2020] ECHR 258
Parties
Applicant: Ioannis Nikoloudakis and Giorgos-Iakovos Nikoloudakis; Respondent: Government of Greece
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 6 § 1 of the Convention found. No separate examination under Article 1 of Protocol No. 1. Partial award for non-pecuniary damage. Remainder of claims rejected.
Legal Topics
Right to a Fair Trial, Enforcement of Judgments, Property Rights, State Obligations, Non Execution of Judicial Decisions
Human Rights Law Civil Procedure Right to a Fair Trial Enforcement of Judgments Property Rights State Obligations Non Execution of Judicial Decisions

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Parties

Ioannis Nikoloudakis and Giorgos-Iakovos Nikoloudakis

Applicant

Government of Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the prolonged non-execution of domestic court judgments violated Article 6 § 1 of the Convention
  2. 2 Whether the State failed to provide an effective system for enforcement of judgments between private parties
  3. 3 Whether the applicants' right to peaceful enjoyment of possessions under Article 1 of Protocol No. 1 was violated

Ratio Decidendi

The State's prolonged failure to enforce final domestic judgments in favor of the applicants, and its failure to provide alternative remedies or compensation, constituted a violation of Article 6 § 1 of the Convention. The State's obligation to ensure enforcement exists regardless of whether the dispute is between private parties or involves the State.

Court Disposition

Violation of Article 6 § 1 of the Convention found. No separate examination under Article 1 of Protocol No. 1. Partial award for non-pecuniary damage. Remainder of claims rejected.

Orders

  • The State must pay the applicants jointly 12,000 EUR for non-pecuniary damage within three months, plus applicable tax.
  • Interest at the marginal lending rate of the European Central Bank plus three percentage points applies after the deadline until payment.