Resolution CM/ ResDH (2012)34 [1]

Execution of the judgment of the European Court of Human Rights

Zeibek against Greece

(Application No. 46368/06, judgment of 9 July 2009, final on 9 October 2009)

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 discriminatory interference with the applicant ’ s right to the peaceful enjoyment of her possessions (violation of Article 1 of Protocol No. 1 taken alone and in conjunction with Article 14) (see details in Appendix);

Having invited the government of the respondent State to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion 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 a p plicant 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 by the Court in its judgments, 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 exe r cised 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 (2012)34

Information about the measures to comply with the judgment in the case of

Zeibek against Greece

Introductory case summary

The case concerns discriminatory interference with the applicant ’ s right to the peaceful enjoyment of her possessions. In 2001 the Authority for Agricultural Security dismissed the applicant ’ s request for a pension as the mother of a large family on grounds that one of her four children did not have Greek nationality. The appeal lodged by the applicant against that decision was dismissed by the Council of State in 2006 (violation of Article 1 of Protocol No. 1 taken alone and in conjunction with Article 14).

The applicant and the members of her family had their Greek nationality withdrawn in 1984 by a decision based on Article 19 of the Nationality Code as then in force but later abolished. The applicant and certain members of her family were reinstated as Greek nationals in 2000, except for one daughter, a married minor who was considered as dependent on her husband and not on her mother concerning the acquisition of nationality. The Court noted that according to Greek law, the status of mother of a large family was in principle to be retained for life. In addition, according to some judgments of the Council of State the pension should be awarded regardless of the children ’ s nationality and even when one or more of the children ceased to be attached to the family. Therefore the applicant ’ s full reinstatement should also have involved recognising her as the mother of a large family with all the benefits arising from that status.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

8 455 EUR

5 000 EUR

2 500 EUR

15 955 EUR

Paid on 14/12/2009

b) Individual measures

T he Court awarded the applicant just satisfaction in respect of non-pecuniary, as well as pecuniary damage sustained. The latter included the sum of the pension allowance until the end of 2006. The authorities indicated that the applicant has been receiving the required pension as from 01/01/2007 (Act No. 757494/2007 of the competent service).

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The authorities have indicated that Ministerial Decision No. 440/1991 had amended the initial Article 63 of Law No. 1892/1990 and introduced for the first time the nationality of the children as a prerequisite for acquiring the status of mother of a large family. According to legal opinion No 308/2009 of the Legal Council of the State, the relevant provisions of the Ministerial Decision were considered inapplicable. The Legal Council of the State has concluded that " the nationality of the children of persons with large families should not be taken into consideration when processing the award of the relevant allowances ". The authorities indicated that the above legal opinion is binding on the Administration and thus the present violation could not occur in the future .

The Court ’ s judgment, translated into Greek, was sent out to the relevant administrative authorities and to the Council of State; it was also published on the website of the Legal Council of the State ( www . nsk.gr ).

III. Conclusions of the respondent State

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violations of the Convention found by the Court in this case, that these measures will prevent 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 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .