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Court Cases

No. 2 (2019)

THE MYTILINAIOS AND KOSTAKIS V GREECECASE OF THE EUROPEAN COURT OF HUMAN RIGHTS:THE BEGINNING OF THE END FOR THE MANDATORY COOPERATIVES IN GREECE

  • Demosthenis Kassavetis
  • Ifigeneia Douvitsa
DOI:
https://doi.org/10.36128/chdafm65
Submitted
September 1 2025
Published
01-09-2025

Abstract

In the Mytilinaios and Kostakis v Greececase, the European Court of Human Rights(hereafter “ECtHR”)examined whether the forced membership in a particular cooperative, which wasexclusively responsible to process and market its members’ production, constituted an infringementwiththe negative freedom of association of ar. 11 of the European Convention of Human Rights (hereafter “ECHR”). The Court’s case law on the negative freedom of association has beenlargelyassociated with trade-unions. In the case under study, however, the allegations of the violation of the negativefreedom of association wereexamined with regard to cooperatives. Thelatter posedthe question asto whether such factor wascrucial for the Court’s decision and what kind of impact the decision hadon the cooperative lawand the cooperative sector in Greece.

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