CEDH · PRESS;GENERAL;ENG — 19 octobre 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s76CF415B { page-break-before:always; clear:both } .sD35C6159 { width:1.54pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sF9A986A5 { width:12.2pt; display:inline-block } .sBA8DCCFC { width:35.45pt; display:inline-block } .s4F530F05 { width:21.25pt; display:inline-block } .s1B9C96E3 { width:14.2pt; display:inline-block } .sF931EB28 { width:114.66pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     559   19.10.99   Press release issued by the Registrar   HEARING IN THE CASE OF ACADEMY TRADING AND OTHERS v. GREECE   Tuesday, 19 October 1999, at 9 a.m.     The applicants     The case concerns an application (no. 30342/96) brought by six shipping companies incorporated under the laws of the Republic of Liberia, Academy Trading Ltd ., Intercontinental Maritime Ltd ., Aaron Maritime Ltd ., Evie Navigation Co. Ltd ., T.C. Trading Company Ltd . and Andros Trading Ltd.   Summary of the facts     In 1977 the C. bank, being a prime lender to the Greek shipping community, granted a $ 14.8 million loan to a group of companies under the ownership of G.T., a Greek-American shipowner.   The applicants, also under the ownership of G.T., were among the guarantors of the loan.   On 21 January 1982 the applicants brought an action for damages against the bank and three of its Greek senior officers before the Athens First Instance Civil Court.   The applicants argued that because of a shipping crisis they had been unable to meet repayment instalments of the loan and that in 1979 they had been obliged to sell two ships at below their insured and actual value to another client of the bank, who had been given generous financing terms in order to take over the vessels.   Eventually the other vessels in the fleet were sold under the same conditions and G.T. was declared insolvent.   The applicants alleged therefore that the bank had acted contrary to business morality under the Greek Civil Code.     On 20 November 1987 the First Instance Civil Court dismissed the applicants’ action as being ill-founded. On 29 January 1988 the applicants lodged an appeal with the Athens Court of Appeal.   By decision No. 5025/1990, the Court of Appeal unanimously overturned the decision of the First Instance Civil Court and allowed the applicants’ claim.     The C. bank appealed to the Court of Cassation on 21 May 1990, and threatened to withdraw from the Greek market altogether if the Court of Cassation upheld the judgment of the Court of Appeal.     On 29 May 1991 the First Chamber of the Court of Cassation overturned the judgment of the Court of Appeal on the ground that the bank had not acted contrary to business morality and that the impugned judgment was not sufficiently motivated.   The case was then referred to the Fourth Chamber for further examination.   The hearing was held on 11   December 1992. On 30 June 1993 one of the judges participating in that hearing retired. Under Greek law this implied that if the Chamber had not reached a decision at that date it could no longer deliberate but should hear the case again in a different composition. However, no action was taken at that stage.     On 26 January 1994, the President of the Third Chamber (who had until summer 1993 been President of the Fourth Chamber) returned the file of the case to the Secretariat of the Fourth Chamber, accompanied by a hand-written note which read as follows: “To be further discussed, in accordance with Article 307 of the Code of Civil Procedure (since it was ascertained, after the last report, that there is a need of further deliberation, which is not feasible due to the retirement of one of the members of the Court).” The new hearing was held on 20 May 1994. A new Rapporteur was appointed.     On 30 June 1995 the Court of Cassation dismissed the appeal lodged by the applicants against the decision of the Athens First Instance Civil Court, on the ground that it was ill-founded. In his dissenting opinion, the judge who was initially the Rapporteur of the case expressed the view that the bank had not acted in good faith and that, therefore, the applicants’ appeal should be upheld.   Complaints     The applicants complain that their rights to a fair trial by an impartial tribunal within a reasonable time guaranteed under Article 6 § 1 of the European Convention on Human Rights have been violated.   Procedure     The application was lodged with the European Commission of Human Rights on 30   November 1995. Having declared the application admissible, the Commission adopted a report on 9 July 1998 in which it expressed the opinion that there had been no violation of Article 6 § 1 of the Convention as regards the fairness of the proceedings before an impartial tribunal (twenty-four votes to six) and that there had been a violation of Article 6   §   1 of the Convention as regards the length of the proceedings (unanimously).   It referred the case to the Court on 2 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Josep Casadevall (Andorran), Luigi Ferrari Bravo [1] (Italian), Boštjan Zupančič (Slovenian), Wilhelmina Thomassen (Dutch), Tudor Pantiru (Moldovan), Judges , George Stavropoulos (Greek), ad hoc Judge , Riza Türmen (Turkish), Rait Maruste (Estonian), Substitute Judges ,   and also Michael O'Boyle , Section Registrar .   Representatives of the parties   Government:   Georgios Kanellopoulos , Delegate of the Agent ,   Vassilia Pelekou , Adviser ;   Applicants:   Nicholas. Scorinis , Counsel ,       Asteria Bagouli , Adviser ,     The President of all the applicant companies, Mr   George Chimples , will also attend the hearing.     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91     The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Court and Commission. [1] Elected as the judge in respect of San Marino.