CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 5 décembre 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the Philis case delivered on 27 August 1991 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in three applications against Greece lodged with the European Commission of Human Rights on 5 January 1987, 6 April 1988 and 24 June 1988 under Article 25 (art. 25) of the Convention by Mr Nicolaos Philis, a Greek national, and that the Commission declared admissible the complaints regarding the restrictions on the applicant's right of access to the courts, the duration of the proceedings instituted and the absence of effective remedies with regard to the alleged violations of the Convention;        Recalling that the case was brought before the Court by the Commission on 21 May 1990;        Whereas in its judgment of 27 August 1991 the Court:        - held by eight votes to one that there had been a violation of the right of access to a court, guaranteed under Article 6, paragraph 1 (art. 6-1);        - held unanimously that it was not necessary to determine whether in addition a "reasonable time" within the meaning of the same article (art. 6-1) had been exceeded;        - held unanimously that it was likewise not necessary to examine the case either under Article 13 (art. 13) or under Article 14 in conjunction with Article 6 (art. 14+6);        - held unanimously that the respondent state had to pay to the applicant 1 000 000 drachmas for non-pecuniary damage and 6 800 000 drachmas for costs and expenses;        - dismissed unanimously the remainder of the claim for just satisfaction;        Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of Greece to inform it of the measures which had been taken in consequence of the judgment of 27 August 1991, having regard to Greece's obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Greece gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that on 31 January 1992 the Government of Greece paid the applicant the sums provided for in the judgment of 27 August 1991,        Declares, after having taken note of the information supplied by the Government of Greece, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                   Appendix to Resolution DH (94) 85           Information provided by the Government of Greece             during the examination of the Philis case                   by the Committee of Ministers        By Presidential Decree of 7 March 1994, which entered into force on 11 March 1994, Greek law regarding engineers' right of access to the courts has been brought into line with the requirements flowing from the judgment of the Court in the Philis case.         Having regard to Articles 6, 50, 52 53 and 54 (art. 6, art. 50, art 52, art. 53, art. 54) of the Convention, this decree provides, inter alia, as follows:                              "Article 1        The provisions of paragraphs 4 and 5 of Article 2 of Royal Decree No. 30 of 31 May 1956 'laying down the rules for the remuneration of engineers in general' are replaced as follows:                               Article 2   4.    Where the commissioning party refuses, hinders or delays partial or full payment of the fee owed, the engineer, or the design office, regardless of the type of enterprise chosen (...), shall have the capacity to institute proceedings before the courts in order to recover the amount owed.   The Technical Chamber of Greece shall also be empowered to bring such proceedings.   The object of the declaratory action shall be the payment owed to the Technical Chamber of Greece.   The above provisions shall also apply with respect to interim measures.   5.    As soon as one of the above creditors introduces such proceedings, he shall inform the other who shall have the right to intervene in the proceedings.   Notification of the originating summons is sufficient for this purpose."