CEDH · PRESS;HEARINGS;ENG — 23 janvier 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     31   23.1.2003 Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF KYRTATOS v. GREECE   Thursday 23 January 2003 at 9 a.m.   The applicants   The case concerns an application (no. 41666/98) brought by two Greek nationals, Sofia Kyrtatou and Nikos Kyrtatos, who were born in 1921 and 1953 respectively and live in Munich.   Summary of the facts   The applicants own real property in the south-eastern part of the Greek island of Tinos, where they spend part of their time. Their property includes a swamp by the coast in Ayios Yiannis. The first applicant is the co-owner of a house and a plot of land on the Ayia Kiriaki - Apokofto peninsula, which is adjacent to the swamp. Their problems started when the prefect of Cyclades redrew the boundaries of the settlement of Ayios Yiannis, on the basis of which the town-planning authority of Syros issued building permits in the area concerned.   On 21 July 1993 the applicants and the Greek Society for the Protection of the Environment and Cultural Heritage lodged an application for judicial review of the prefect’s decisions and of the building permits before the Council of State. Their basic argument was that the prefect’s decisions, and consequently the building permits, were illegal because in the area concerned there was a swamp and according to Article 24 of the Greek Constitution, which protects the environment, no settlement should be drawn in such a place. The Council of State granted their request; however on 21 April 1997 a special committee of the Council of State found that the authorities had failed to comply with that decision. They had not demolished the two buildings constructed on the basis of the contested permits and continued issuing building permits in respect of the area that had been included in the settlements further to the unlawful redrawing of the boundaries.   Complaints   The applicants complain, under Articles 6 § 1 (right to a fair hearing) and 8 (right to respect for private life) of the European Convention on Human Rights, about the failure of the authorities to comply with the decisions of the Council of State annulling two permits for the construction of buildings near their property. They further complain under Article 6 § 1 about the length of civil proceedings they had instituted against their neighbour whom they accused of trespassing upon their property, and also about the length of administrative proceedings concerning the demolition of the first applicant’s house.     Procedure   The application was lodged with the European Commission of Human Rights on 19   June 1996 and allocated to the Second Section of the Court on 1 November 1998. It was declared partly admissible on 13 September 2001. On 1 November 2001 the Court changed the composition of its Sections. This case was assigned to the newly composed First Section.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Françoise Tulkens (Belgian), President , Christos Rozakis (Greek), Peer Lorenzen (Danish), Nina Vajić (Croatian), Egil Levits (Latvian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky , judges , Giovanni Bonello (Maltese), Snejana Botoucharova (Bulgarian), Elisabeth Steiner (Austrian), substitute judges ,   and also Søren Nielsen , Deputy Section Registrar .   Representatives of the parties   Government:   Michel Apessos , Agent ,   Vassilia Pelekou , Adviser ,   Applicants:   Stavros Tsakyrakis , Counsel ,   Nicholas Hatzis , Adviser .   The second applicant will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.