CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 janvier 2026

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s85A66119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:14pt } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s928FE18F { height:402.4pt } Published on 2 February 2026   THIRD SECTION Applications nos. 23298/24 and 25996/24 SPARTIATES against Greece and Stavros KARVOUNIS and Others against Greece lodged on 30 July 2024 and 23 August 2024 respectively communicated on 15 January 2026 SUBJECT MATTER OF THE CASE The applicants are the political party “Spartiates” and eight Greek citizens who had declared their candidacy for that political party in the elections to the European Parliament of 9 June 2024. By decision no. 1/24.04.2024, the Court of Cassation held that the applicant political party did not fulfil the conditions for participating in the European elections of 9 June 2024 as it did not serve the free functioning of democracy. The court considered that the true leader of “Spartiates” was not its President, Mr V. Stigkas, but rather Mr I. Kasidiaris, who had been convicted at first instance in 2020 for participating in and leading the criminal organisation “Golden Dawn”. In reaching that conclusion, the domestic court took into account various elements, such as statements made by Mr I. Kasidiaris while in prison supporting and promoting “Spartiates” during the national elections of June   2023; statements by Mr V. Stigkas thanking Mr I. Kasidiaris following those elections; the common candidates between “Spartiates” and the parties led by Mr I. Kasidiaris in the national and municipal elections of 2023; and the bringing of criminal proceedings against the elected Members of Parliament from the political party “Spartiates” for fraud against the electoral body. Taking into account that Mr I. Kasidiaris had been convicted at first instance in 2020 for participating in and leading the criminal organisation “Golden Dawn”, which had initially been founded as a political organisation and later as a political party, and that he had also attempted to run in the national elections of May 2023 and June 2023 with two different political parties — both excluded by decisions nos. 8/2023 and 95/2023 of the Court of Cassation — that court decided that the political party “Spartiates” did not serve the free functioning of democracy and excluded it from the European elections of 9 June 2024. The applicants complain about the exclusion of the political party “Spartiates” from the European elections of 9 June 2024 under Article 11 of the Convention and under Article 3 of Protocol No. 1 to the Convention. The applicants in case no. 25996/24 also invoke Article 10 of the Convention. QUESTIONS TO THE PARTIES 1.     Does Article 11 apply to the present case given that the applicant political party has not been dissolved but has been prevented from running in the elections to the European Parliament (compare Refah Partisi (the Welfare Party) and Others v. Turkey [GC], nos. 41340/98 and 3 others, ECHR   2003 ‑ II; Linkov v. the Czech Republic , no. 10504/03, 7 December 2006; Parti nationaliste basque – Organisation régionale d’Iparralde v.   France , no.   71251/01, ECHR 2007-II)? If the answer is in the affirmative, has there been a violation of the applicants’ right to freedom of association, contrary to Article   11 of the Convention, on account of the restriction imposed on the political party “Spartiates” preventing it and its candidates from participating in the elections to the European Parliament of 9 June 2024?   2.     Has there been an interference with the applicants’ rights under Article   3 of Protocol No.   1 to stand as candidates in free elections which ensure the free expression of the opinion of the people in the choice of the European Parliament? Was the restriction imposed on the political party “Spartiates” from standing in the elections of 9 June 2024 prescribed by law and, if so, was it proportionate to the legitimate aim of protecting the democratic order ( see Etxeberria and Others v. Spain , nos. 35579/03 and   3   others, §§ 47-56, 30 June 2009)?       APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Represented by 1. 23298/24 Spartiates v. Greece 30/07/2024 SPARTIATES 2017 Athens Greek Zoi VASILIA 2. 25996/24 Karvounis and Others v. Greece 23/08/2024 Stavros KARVOUNIS 1955 Kerkyra Greek Efthymios ALAMANOS 1966 Iraklio Crete Greek Alexopoulou ANASTASIA-EKATERINI 1962 Chalandri Attikis Greek Ourania KALOCHERI 1968 Athens Greek Maria KAPSALI 1966 Peristeri Greek   Konstantinos KRASSAS 1971 Heraklion Crete Greek Zoi NASIKA 1952 Athens Greek Maria VAMVOUKAKI 1980 Therissos Irakliou Kritis Greek