Published on 14 November 2022
FIRST SECTION
Application no. 60806/17
Konstantina FRANTZESKAKI against Greece
and 2 other applications
(see list appended)
communicated on 25 October 2022
SUBJECT MATTER OF THE CASE
The application concerns the administration’s allegedly belated compliance with judgment no. 6458/2014 of the Athens court of appeal.
In 2007, the applicant’s husband filed an application before the Athens administrative court of first instance. He requested the payment by the Greek State of a sum of money as compensation for the damage he had suffered due to his allegedly illegal retirement (αποστρατεία).
By judgment no. 984/2012 of the Athens administrative court of first instance, the application was partially upheld.
The Greek State lodged an appeal against this decision, which was partially accepted on 2 December 2014 by judgement no. 6458/2014 of the Athens administrative court of appeal. The administration was ordered to pay to the three applicants - as heir of their deceased husband and father - the total amount of 67.595,93 euros, with legal interest.
The said judgment was served to the Greek State on 5 May 2015.
On 3 February 2016, the Directorate of Finance of the Hellenic Army (Διεύθυνση Οικονομικού του Γενικού Επιτελείου Στρατού) requested the applicants to present a tax certificate and informed them that their claim would be paid to them on 27 April 2016. However, no payment was made at the said date despite the submission of the requested certificate by the applicants.
On 14 December 2016 the applicants filed an application before the committee of three members of the Athens administrative court of appeal responsible for supervising the execution of its judgments. No decision was issued on the said application due to the payment of the amounts due, on 13 June 2017.
Relying on Article 6 of the Convention, the applicants complain of an unjustified delay on behalf of the administration to comply with judgment no. 6458/2014 of the Athens administrative court of appeal.
QUESTION TO THE PARTIES
Did the alleged belated compliance of the Greek State with 6458/2014 judgment of the Athens administrative court of appeal infringe the applicant’s right to effective judicial protection of her civil rights, as required by Article 6 § 1 of the Convention?
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
60806/17
Frantzeskaki v. Greece
17/08/2017
Konstantina FRANTZESKAKI
1948
Athens
Greek
Panagiotis LAZARATOS
2.
60813/17
Frantzeskakis v. Greece
17/08/2017
Emmanouil FRANTZESKAKIS
1973
Alexandroupoli
Greek
Panagiotis LAZARATOS
3.
60815/17
Frantzeskakis v. Greece
17/08/2017
Georgios FRANTZESKAKIS
1983
Athens
Greek
Panagiotis LAZARATOS