MANOUSSAKIS AND OTHERS v. GREECE View

Notes

Date	26/09/1996
AppNr	18748/91
Body	Court (Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	35-1; 41; 9
Violated / NonViolated	9
Citations	235-16-189111314P1-1P1-235-56-189101314P1-1P1-2

Conclusions:

Costs and expenses award - Convention proceedings
Costs and expenses award - domestic proceedings
Non-pecuniary damage - finding of violation sufficient
Preliminary objection rejected (non-exhaustion of domestic remedies)
Violation of Art. 9

Keywords:

(art. 35-1) exhaustion of domestic remedies
(art. 9-1) freedom of religion
(art. 9-1) manifest religion or belief
(art. 9-1) observance
(art. 9-1) worship
(art. 9-2) interference
(art. 9-2) necessary in a democratic society
(art. 9-2) prescribed by law
(art. 9-2) protection of public order

ECHR Notes

Originating Body	Court (Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports 1996-IV
Language	ENGLISH;FRENCH
Application Number	18748/91
Importance Level	1
Represented by	N/A
Respondent State	Greece
Referred by	Commission
Date of Reference	05/07/1995
Date of Judgment	26/09/1996
Conclusion	Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 9 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings
Articles	9 , 35-1 , 41
Rules of Court	A
Separate Opinions	Yes
Law at Issue	Law no. 1363/1938, as amended by Law no. 1672/1939, section 1 ; Royal decree of 20 May/2 June 1939, section 1 (1) and (3)
Strasbourg Case Law	Ciulla v. Italy judgment of 22 February 1989, Series A no. 148, p. 15, para. 31 ; Pine Valley Developments Ltd and Others v. Ireland judgment of 29 November 1991, Series A no. 222, p. 22, para. 48 ; Funke v. France judgment of 25 February 1993, Series A no. 256-A, p. 23, para. 51 ; Kokkinakis v. Greece judgment of 25 May 1993, Series A no. 260-A, p. 15, para. 23, p. 17, para. 31
External Sources	Constitution, 1975, Articles 3, 11 and 13 ; Presidential Decree no. 18/1989 of 30 December/9 January 1989, sections 45, 46 and 50 ; Court of Cassation, judgment no. 1107/1985, Pinika Khronika, vol. 56, 1986 ; Supreme Administrative Court judgment no. 2484/1980 ; Supreme Administrative Court judgment no. 4260/1985 ; Supreme Administrative Court judgment no. 4636/1977 ; Supreme Administrative Court judgment no. 381/1980 ; Supreme Administrative Court judgment no. 4305/1986 ; Supreme Administrative Court judgment no. 1211/1986 ; Supreme Administrative Court judgment no. 3456/1985 ; Supreme Administrative Court judgment no. 721/1969 of 4 February 1969 ; Supreme Administrative Court judgment no. 1444/1991 of 28 January 1991
Keywords	"(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(Art. 9-1) FREEDOM OF RELIGION" "(Art. 9-1) MANIFEST RELIGION OR BELIEF" "(Art. 9-1) OBSERVANCE" "(Art. 9-1) WORSHIP" "(Art. 9-2) INTERFERENCE" "(Art. 9-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 9-2) PRESCRIBED BY LAW" "(Art. 9-2) PROTECTION OF PUBLIC ORDER"

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References 4

	234 KOKKINAKIS v. GREECE 9, 7 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/05/1993
	90 FUNKE v. FRANCE 6-1, 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/02/1993
	128 PINE VALLEY DEVELOPMENTS LTD AND OTHERS v. IRELAND 14, P1-1, P1-1, 14, 13 Court (Chamber) Judgment (Merits)	29/11/1991
	39 CIULLA v. ITALY 5-1, 5-5 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/02/1989

Citations Breakdown

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1–10 of 62

Citations 62

	ERCEP v. TURKEY 9, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	22/11/2011
	BAYATYAN v. ARMENIA 9 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	07/07/2011
	LAUTSI AND OTHERS v. ITALY P1-2 Court (Grand Chamber) Judgment (Merits)	18/03/2011
	3 JUSIC v. SWITZERLAND 5-1, 5-5 Court (First Section) Judgment (Merits and Just Satisfaction)	02/12/2010
	SCHWIZGEBEL v. SWITZERLAND 14, 8 Court (First Section) Judgment (Merits and Just Satisfaction)	10/06/2010
	2 DIMITRAS AND OTHERS v. GREECE 13, 9 Court (First Section) Judgment (Merits and Just Satisfaction)	03/06/2010
	2 SINAN ISIK v. TURKEY 9 Court (Second Section) Judgment (Merits and Just Satisfaction)	02/02/2010
	TSARKNIAS c. GRECE Court (First Section) Decision	24/09/2009
	3 ANAKOMBA YULA v. BELGIUM 14, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/03/2009
	8 TURAN CAKIR v. BELGIUM 3, 14 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/03/2009

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