Resolution CM/ResDH(2010)198[1]
Execution of the judgment of the European Court of Human Rights
Ioannidou-Mouzaka against Greece
(Application No. 75898/01, judgment of 29 September 2005, final on 29 December 2005)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the failure to enforce domestic judgments by the state social security organisation (violation of Article 6, paragraph 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Greece’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)198
Information about the measures to comply with the judgment in the case of
Ioannidou-Mouzaka against Greece
Introductory case summary
The case concerns the failure of the state Social Security Organisation (IKA) to comply with two judgments of the Athens Administrative Court of Appeal and of the Supreme Administrative Court. These judgments, delivered in June 1987 and April 1994, quashed IKA’s decision of 28/01/86 to transfer the applicant from the post of Director of a Mammary Health Centre to that of an ordinary gynaecologist on the grounds that this decision had been imposed without a reasoned panel decision. The European Court noted that even if it is considered that the applicant’s subsequent appointments constituted effective reinstatement, still the authorities had failed to comply with the judgments of the Greek courts between the date that the Administrative Court of Appeal issued its judgment (in 1987) until when the applicant was appointed to new positions (violation of Article 6, paragraph 1).
Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
30 000 EUR
-
30 000 EUR
Paid on 03/03/2006
b) Individual measures
In compliance with two domestic judgments, the applicant was appointed as Director of the Gynaecology-Oncology section of the G. Gennimatas Oncology Hospital, in Athens, a post comparable to her earlier directorial post. The applicant’s appeal against this appointment was rejected as inadmissible by the Athens Administrative Appeal Court (judgment 1774 of 30/06/2005).
The European Court awarded her just satisfaction only for non-pecuniary damage, given that on 14/01/2003 IKA awarded her an indemnity for pecuniary damages with interest (53 485,92 EUR) relating to salary due in compliance with the judgment 3937/2002 of the Court of Appeal (see § 41 of the judgment).
Consequently, no other measure was considered necessary by the Committee of Ministers.
II.General measures
The case presents similarities with other previous cases relating to the administration’s non-compliance with domestic judgments, in the context of which Greece has adopted a series of constitutional, statutory and other measures for the prevention of similar violations (see Final Resolution ResDH(2004)81 in Hornsby against Greece and other cases, 09/12/2004). However, additional issues in this field are highlighted in more recent judgments. The measures taken or envisaged by the Greek authorities being supervised by the Committee of Ministers in the Beka-Koulocheri group.
The European Court’s judgment was translated and communicated to IKA and published at the website of the Legal Council of the State ().
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies
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