Published on 21 July 2025
THIRD SECTION
Application no. 40793/23
Konstantinos KIPOUROS
against Greece
lodged on 13 November 2023
communicated on 30 June 2025
SUBJECT MATTER OF THE CASE
The application concerns the non-enforcement of a domestic judgment that awarded the applicant a sum of money for holiday payments owed by his employer, the State-owned company “OLYMPIAKI AEROPORIA A.E.”. The applicant had lodged an action against the company, which was partially accepted by enforceable (προσωρινώς εκτελεστή) judgment no. 663/2008 of the Athens Justice of the Peace. Upon the rejection of the company’s appeal, the applicant initiated enforcement proceedings on 29 March 2010. By that time, the company had already been placed in a special liquidation regime by a judgment issued in 2009 by the Athens Court of Appeal. The company lodged an application to annul the enforcement proceedings and requested their suspension. The Athens Justice of the Peace suspended the proceedings in 2010 until the examination of the annulment application and refused the applicant’s request to recall it in 2012. By judgment no. 2013/2012 the Athens Justice of the Peace accepted the company’s application, on the basis of a law issued in 2005 which had suspended all proceedings against State-owned companies in liquidation for 36 months. The period had been continuously prolonged (from 18 to 36 and then 48 months) up to the point when a law in 2013 prolonged it indefinitely until the completion of the liquidation, which is still pending to this day.
Relying on Article 6 § 1 of the Convention, the applicant complains of the non-enforcement of the domestic judgment, which he attributes to the legal provisions introduced by the State, as a result of staying the execution proceedings. He further alleges a violation of his property rights under Article 1 of Protocol No. 1 to the Convention in that regard.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicant’s right of access to court under Article 6 § 1 of the Convention, on account of the non-enforcement of judgment no. 663/2008 of the Athens Justice of the Peace (see Bousiou v. Greece, no. 21455/10, §§ 33-38, 24 October 2013, and Kanellopoulos v. Greece, no. 11325/06, §§ 23-27, 21 February 2008)?
2. Did the applicant have an effective remedy in domestic law, within the meaning of Article 13 of the Convention, to enforce judgment no. 663/2008 of the Athens Justice of the Peace (see Kanellopoulos v. Greece, cited above, §§ 31-33)?
3. Has there been a violation of the applicant’s rights under Article 1 of Protocol No. 1 to the Convention in respect of the non-enforcement of judgment no. 663/2008 of the Athens Justice of the Peace?