Communicated on 30 October 2017

FIRST SECTION

Application no. 9743/12 Eleni MOUDAKI-SOÏLENTAKI against Greece lodged on 13 February 2012

SUBJECT MATTER OF THE CASE

The applicant had been working in Olympic Airways from 1 March 1969 until 14 June 1974, the date on which she resigned. Pursuant to Article 5 of Law No. 76/1974, employees who had been forced to resign during the military dictatorship in Greece had the right to be reinstated following a request to the competent Minister. The Minister would issue his decision after the relevant Committee gave its opinion on whether the former employee ’ s claims were well-founded.

Following two successful applications for annulment against the Committee ’ s negative opinions concerning the applicant ’ s reinstatement, a third opinion was issued on 20 December 2000 according to which the applicant should be reinstated to h er former post. On 27 September 2007 the competent Minister ’ s tacit refusal to issue the decision of reinstatement was annulled by judgment no. 2713/2007 of the Supreme Administrative Court and the case was remitted to the administrative authorities.

On 17 March 2009 the Minister of Transfers and Communication issued a decision by which he rejected the applicant ’ s request for reinstatement. By judgment no. 1958/2011 the Athens Administrative Court of Appeal annulled the Minister ’ s decision on the grounds of lack of legal reasoning and remitted the case once again to the administrative authorities. The applicant had the decision serve d on the Minister on 5 December 2011. From the material in the Court ’ s possession, it appears that no actions have been taken by the Minister to comply with the last judgment.

The applicant complains under Article 6 § 1 of the Convention about non-execution of judgments no. 2713/2007 of the Supreme Administrative Court and no. 1958/2011 of the Athens Administrative Court of Appeal. She additionally complains under Article 13 about lack of a legal remedy in respect of her complaint under Article 6 § 1 of the Convention.

QUESTIONS tO THE PARTIES

1. Have the judgments no. 2713/2007 of the Supreme Administrative Court and no. 1958/2011 of the Athens Administrative Court of Appeal been executed? If not, has their non-execution breached Article 6 of the Convention? ( see Hornsby v. Greece , 19 March 1997, § 40, Reports of Judgments and Decisions 1997 ‑ II)?

2. Did the applicant have an effective remedy in respect of her complaint concerning non-execution of the domestic judgments?