CEDH · CASELAW;CLIN;ENG — 19 mars 1997

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .sC7C396CD { width:24.89pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. March 1997 Hornsby v. Greece - 18357/91 Judgment 19.3.1997 Article 6 Enforcement proceedings Article 6-1 Reasonable time Delay by the administrative authorities in taking the necessary measures to comply with two judgments of the Supreme Administrative Court: violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   GOVERNMENT'S PRELIMINARY OBJECTIONS A.   Non-observance of the six-month time-limit Situation complained of by applicants began with relevant authorities' refusal to grant them authorisation to open English‑teaching school and continued even after lodging of their application to Commission. B.   Non-exhaustion of domestic remedies Actions for damages provided for in Articles 57 and 59 of Civil Code: not sufficient to remedy applicants' complaints. Application to Supreme Administrative Court for judicial review: applicants could not reasonably expect such a remedy to produce result they sought. Proceedings still pending in the Rhodes Administrative Court: would only be decisive in connection with question of award of just satisfaction under Article 50 of Convention. Conclusion : objections dismissed (eight votes to one). II.   ARTICLE 6 § 1 OF THE CONVENTION Execution of a judgment given by any court to be regarded as integral part of "trial" for purposes of Article 6 - importance of this principle in context of administrative proceedings - obligation on administrative authorities' part to comply with a judgment of State's highest administrative court. Two decisions by which Director of Secondary Education had refused applicants authorisation to open a language school, solely on basis of their nationality, set aside by Supreme Administrative Court -in repeating their requests applicants were merely reminding administrative authorities of their obligation to take a decision consistent with legal rules whose breach had led to the setting aside of impugned decisions - no reply forthcoming from administrative authorities - Greek legislation in force at the time did not lay down any particular condition for EEC nationals wishing to open such a school in Greece, except that imposed on Greek nationals also (possession of a university degree), which the applicants satisfied. By refraining for more than five years from taking necessary measures to comply with a final, enforceable judicial decision in present case, Greek authorities deprived provisions of Article 6 § 1 of all useful effect. Conclusion : violation (seven votes to two). III.   ARTICLE 50 OF THE CONVENTION Not ready for decision. Conclusion : question reserved (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes