THIRD SECTION

CASE OF BENETATOS AND MAMAKI v. GREECE

(Applications nos. 28883/24 and 28889/24)

JUDGMENT

STRASBOURG

22 January 2026

This judgment is final but it may be subject to editorial revision.

In the case of Benetatos and Mamaki v. Greece,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Diana Kovatcheva, President,
 Canòlic Mingorance Cairat,
 Vasilka Sancin, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 18 December 2025,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Greece lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The applicants were represented by Ms Ioanna Dimitrakopoulou, a lawyer practising in Athens.

3.  The Greek Government (“the Government”) were given notice of the applications.

THE FACTS

4.  The list of applicants and the relevant details of the applications are set out in the appended table.

5.  The applicants complained of the non-enforcement of domestic decisions and of the lack of any effective remedy in domestic law.

THE LAW

1. JOINDER OF THE APPLICATIONS

6.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION

7.  The applicants complained of the non-enforcement of domestic decisions given in their favour and of the lack of any effective remedy in domestic law. They relied, expressly or in substance, on Article 6 § 1 and Article 13 of the Convention.

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 the decisions 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.

12.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 13 of the Convention.

3. 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, and Bousiou, both 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 the judgments which remain enforceable.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 13 of the Convention concerning the non‑enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law;
4. Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;
5. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table;

(b)  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 22 January 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Diana Kovatcheva
 Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(non-enforcement or delayed enforcement of domestic decisions and lack of any effective remedy in domestic law)

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

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