PIALOPOULOS AND OTHERS v. GREECE - 37095/97 [2002] ECHR 540 (27 June 2002)

PIALOPOULOS AND OTHERS v. GREECE - 37095/97 [2002] ECHR 540 (27 June 2002)

Applicants were not deprived of their property but suffered damage due to inability to exploit it; compensation is awarded for income they would have received had they deposited the sum provisionally fixed by the domestic court, assessed on an equitable basis.

Source-derived case information.

Citation
[2002] ECHR 540
Parties
Applicant: Michael Pialopoulos; Applicant: Aristophanes Alexiou; Applicant: Nikolaos Georgakopoulos; Applicant: Aristea Pialopoulos; Respondent: Greece
Jurisdiction
European Union
Judgment Date
27 June 2002
Procedural Posture
Application Under Article 25 of the European Convention on Human Rights / Just Satisfaction Judgment Following Principal Judgment
Outcome
Partially allowed
Legal Topics
Expropriation, Just Satisfaction, Pecuniary Damage, Non Pecuniary Damage, Costs and Expenses
Human Rights Property Law Administrative Law Expropriation Just Satisfaction Pecuniary Damage Non Pecuniary Damage Costs and Expenses

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Parties

Michael Pialopoulos

Applicant

Aristophanes Alexiou

Applicant

Nikolaos Georgakopoulos

Applicant

Aristea Pialopoulos

Applicant

Greece

Respondent

Procedural Posture

Application Under Article 25 of the European Convention on Human Rights / Just Satisfaction Judgment Following Principal Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to just satisfaction under Article 41 for pecuniary and non-pecuniary damage resulting from expropriation measures and inability to use property

Ratio Decidendi

Applicants were not deprived of their property but suffered damage due to inability to exploit it; compensation is awarded for income they would have received had they deposited the sum provisionally fixed by the domestic court, assessed on an equitable basis.

Court Disposition

Partially allowed

Orders

  • Respondent State to pay applicants within three months: 3,850,000 EUR for pecuniary damage; 40,000 EUR for non-pecuniary damage; 30,000 EUR for costs and expenses including VAT.
  • Simple interest at 6% per annum payable from expiry of three months until settlement.