Judgment (Merits) of European Court of Human Rights, February 15, 2001 (case CASE OF PIALOPOULOS AND OTHERS v. GREECE)

Appeal Nbr: 37095/97

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Judgment (Merits) of European Court of Human Rights, February 15, 2001 (case CASE OF PIALOPOULOS AND OTHERS v. GREECE)

SECOND SECTION

CASE OF PIALOPOULOS AND OTHERS v. GREECE

(Application no. 37095/97)

JUDGMENT

STRASBOURG

15 February 2001

FINAL

15/05/2001

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It is subject to editorial revision before its reproduction in final form.

In the case of Pialopoulos and Others v. Greece,

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Mr A.B. Baka, President,

Mr C.L. Rozakis,

Mrs V. Strážnická,

Mr P. Lorenzen,

Mr M. Fischbach,

Mr E. Levits,

Mr A. Kovler, judges,

and Mr E. Fribergh, Section Registrar,

Having deliberated in private on 19 October 2000 and on 25 January 2001,

Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (no. 37095/97) against Greece lodged with the European Commission of Human Rights ("the Commission") under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by four Greek nationals, Mr Michael Pialopoulos, Mr Aristophanes Alexiou, Mr Nikolaos Georgakopoulos and Mrs Aristea Pialopoulos ("the applicants"), on 7 March 1997.

2. The applicants were represented by Mr P. Bernitsas, a lawyer practising in Athens. The Greek Government ("the Government") were represented by their Agent, Mr E. Volanis, President of the Legal Council of State.

3. The applicants alleged, in particular, that they had been unable to enjoy their property since 1987, as a result of a series of building prohibitions and attempted expropriations and that the authorities failed to comply with a court decision revoking one of the expropriations. They invoke Article 1 of Protocol No. 1 and Articles 6 § 1 and 13 of the Convention.

4. The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

5. The application was allocated to the Second Section of the C...

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