Published on 20 June 2022

FIRST SECTION

Application no. 71375/17 Leonidas CHONDROGIANNIS against Greece lodged on 29 September 2017 communicated on 1 June 2022

SUBJECT MATTER OF THE CASE

The applicant, who was a navy officer, married his wife in 1973 without requesting permission from his service, which at the time constituted a serious disciplinary offence and resulted in his dismissal from the navy. The law that stipulated that offence was later repealed as being contrary to the Constitution and to the Convention and the applicant was reinstated. Despite a law providing that all consequences relating to the marriages of army officers that had been performed without permission were lifted, the eight years the applicant spent off the navy due to his dismissal were not recognised as real service which had an impact on his rank upon retirement and, subsequently, on his pension. He relies on Articles 8 and 12 of the Convention and Article 1 of Protocol No. 1.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Articles 8 and/or 12 of the Convention due to the fact that the applicant was discharged from navy for getting married without permission from his service, and was later reinstated but without the recognition as real service for pension purposes of the years he was discharged?

2. Has there been a violation of Article 1 of Protocol No. 1 due to the fact that the applicant receives pension that does not take into account the years he was discharged due to his wedding without permission from the service?