6656/25

Plný text

THIRD SECTION CASE OF PAVLIDIS AND OTHERS v. GREECE (Application no. 6656/25) JUDGMENT STRASBOURG 9 July 2026 This judgment is final but it may be subject to editorial revision. In the case of Pavlidis and Others v. Greece, The European Court of Human Rights (Third Section), sitting as a Committee composed of: Úna Ní Raifeartaigh, President, Canòlic Mingorance Cairat, Vasilka Sancin, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 June 2026, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in an application against Greece lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 25 February 2025.

2. The applicants were represented by Mr D. Pollalis, a lawyer practising in Neo Psychiko.

3. The Greek Government (“the Government”) were given notice of the application. THE FACTS 4.  The applicants’ details and information relevant to the application are set out in the appended table.

5. The applicants complained of the non-enforcement of a domestic judgment and of the lack of any effective remedy in domestic law to complain about it. THE LAW ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION 6.  The applicants complained under Article 6 § 1 and Article 13 of the Convention of the non-enforcement of domestic judgment no. A286/2023 of the three-member Pyrgos Administrative Court of First Instance and of the lack of any effective remedy in domestic law. By its judgment, the domestic court remitted the case to the competent authorities in order to lift the urban planning obligations on the applicants’ properties, which had been imposed in accordance with two ministerial decisions since 1988 and 1992.

7. The Government submitted that the judgment was not enforced, but the delay was justified considering the complexity of the administrative enforcement procedure. They argued that it had not impaired the essence of the applicants’ right of access to court and submitted that the remedy provided for by Law No. 3068/2002 - which the applicants had exhausted - was an effective remedy.

8. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II).

9. In the leading cases of Kanellopoulos v. Greece, no. 11325/06, 21 February 2008, and Bousiou v. Greece, no. 21455/10, 24 October 2013, the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time judgment no. A286/2023 of the three-member Pyrgos Administrative Court of First Instance in the applicants’ favour.

11. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints. The remedy provided for by law no. 3068/2002 does not constitute an effective remedy as it is not capable of accelerating the execution of the domestic judgment in case of the authorities’ refusal or delay to comply with it (see Kanellopoulos, cited above, § 21)

12. These complaints are therefore admissible and disclose a breach of Article 6 § 1 and Article 13, in conjunction with Article 6 § 1, of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Kanellopoulos, cited above; and Bousiou, cited above), the Court considers it reasonable to award the sums indicated in the appended table.

14. The Court further notes that the respondent State has an outstanding obligation to enforce judgment no. A286/2023 of the three-member Pyrgos Administrative Court of First Instance which remains enforceable. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Declares the application admissible; Holds that this application discloses a breach of Article 6 § 1 and Article 13, in conjunction with Article 6 § 1, of the Convention concerning the non-enforcement of the domestic judgment in the applicants’ favour and the lack of any effective remedy in domestic law in that regard; Holds that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table; that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 9 July 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Úna Ní Raifeartaigh Acting Deputy Registrar President APPENDIX Application raising complaints under Article 6 § 1 and Article 13 of the Convention (non-enforcement of domestic judgments and lack of any effective remedy in domestic law) Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Name of the court Date of the final judgment Start date of non-enforcement period End date of non-enforcement period Total length of non-enforcement Amount awarded for non-pecuniary damage per household (in euros)

1. Amount awarded for costs and expenses per application (in euros)[2] 6656/25 25/02/2025 (5 applicants) Household Anastasios PAVLIDIS 1952 Themistoklis PAVLIDIS 1946 Stamatia CHALKIA 1945 Household Zacharias ORFANIDIS 1949 Despina ANTONOPOULOU 1944 Pollalis Dimitrios Neo Psychiko Pyrgos Administrative Court of First Instance, judgment no. A286/2023, 24/05/2023 29/05/2023 pending More than 2 year(s) and 5 month(s) and 7 day(s) 2,000 250

1. Plus any tax that may be chargeable to the applicants.

2. Plus any tax that may be chargeable to the applicants.