ECtHR Rules Excessive Length of Civil Proceedings in Greece Breaches Right to Fair Trial and Effective Remedy

The European Court of Human Rights (ECtHR) has held that Greece violated Articles 6 § 1 and 13 of the European Convention on Human Rights due to excessively long proceedings and the lack of an effective domestic remedy.

In Vervele v Greece (application no. 34012/20), the applicant was a Greek national born in 1945 who worked as a hospital cleaner. In 2001, she brought proceedings against the hospital in which she worked, claiming unpaid salary supplements and allowances. The litigation lasted nearly 19 years across three levels of jurisdiction, marked by repeated delays. A first-instance, a hearing was not scheduled until 2012, and judgment was not delivered until 2015. Subsequent appeals only concluded in 2020. The applicant was partially successful in her claims.

Tthe ECtHR found that the length of the proceedings was manifestly excessive, with long delays attributable to the authorities and no evidence of exceptional circumstances.

On the issue of remedies, the ECtHR assessed the effectiveness the Greek law which allows claims for just satisfaction in cases of judicial delay. It concluded that the remedy was ineffective, as it required plaintiffs to file separate claims at each level of jurisdiction, failed to allow review of proceedings as a whole, and generally resulted in compensation awards below Strasbourg standards. Moreover, plaintiffs often bore costs that significantly reduced net awards.

The ECtHR therefore found a violation of both Article 6 § 1 (right to a hearing within a reasonable time) and Article 13 (right to an effective remedy). Greece was ordered to pay the applicant €11,000 in non-pecuniary damages and €240 for costs and expenses.

Click here to read the full judgment.

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