GAVRIELIDOU AND OTHERS v. CYPRUS - 73802/01 [2006] ECHR 338 (6 April 2006)

GAVRIELIDOU AND OTHERS v. CYPRUS - 73802/01 [2006] ECHR 338 (6 April 2006)

The Court found that the length of the proceedings in both sets of cases was excessive and failed to meet the reasonable time requirement under Article 6 § 1. The Court also found a violation of Article 13 due to the lack of an effective domestic remedy for the applicants to challenge the excessive length. No...

Source-derived case information.

Citation
[2006] ECHR 338
Parties
Applicant: Macedonia Gavrielidou; Applicant: Nicos Kannavas; Applicant: Maria Kannava; Applicant: George Kannavas; Respondent: Republic of Cyprus
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing on Merits
Outcome
Violation of Article 6 § 1 and Article 13 of the Convention; no separate issue under Article 1 of Protocol No. 1; partial award of just satisfaction.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Peaceful Enjoyment of Possessions
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement Effective Remedy Peaceful Enjoyment of Possessions

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Parties

Macedonia Gavrielidou

Applicant

Nicos Kannavas

Applicant

Maria Kannava

Applicant

George Kannavas

Applicant

Republic of Cyprus

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing on Merits

  1. 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention (right to a hearing within a reasonable time)
  2. 2 Whether there was a violation of Article 13 of the Convention (right to an effective remedy)
  3. 3 Whether the length of proceedings infringed Article 1 of Protocol No. 1 (peaceful enjoyment of possessions)

Ratio Decidendi

The Court found that the length of the proceedings in both sets of cases was excessive and failed to meet the reasonable time requirement under Article 6 § 1. The Court also found a violation of Article 13 due to the lack of an effective domestic remedy for the applicants to challenge the excessive length. No separate issue arose under Article 1 of Protocol No. 1, as the negative repercussions on property rights were a consequence of the Article 6 violation.

Court Disposition

Violation of Article 6 § 1 and Article 13 of the Convention; no separate issue under Article 1 of Protocol No. 1; partial award of just satisfaction.

Orders

  • Respondent State to pay EUR 16,000 each to the first and second applicants and EUR 13,000 each to the remaining two applicants for non-pecuniary damage, plus any tax chargeable.
  • Respondent State to pay EUR 4,000 jointly to the applicants for costs and expenses, plus any tax chargeable.