Judgment of the European Court of Human Rights on the appeal by Mytilineos and kostakis against the Greek State

Issued on 3 December 2015 by the European Court of Human Rights the decision on the appeal brought by the viticulturists Mytilineos Evangelos and Kostakis Ioannis, complaining that the Convention was incorrectly implemented when a decision of the Council of State was adopted (Article 11 of the Convention), because they could not have any other option (according to the CSD Decision 3850/2011) rather than being members of the compulsory partnership of a Samos cooperative.

Against this judgment of the European Court of Justice, the Greek State filed an appeal before the competent body of the Plenary Court. This request was received on May 3, 2016, and the European Court of Justice in its May 4, 2016 press release said that the application had been rejected and the decision became irrevocable.

In its judgment, the European Court of Justice ruled that the universal obligation to surrender all production to the cooperative constituted a violation of the European Convention and that the ban on setting up a winery as a sole producer is arbitrary and goes beyond the limits of proportionality.