Case T-38/14: Action brought on 14 January 2014  — Kafetzakis and Others v Hellenic Republic and Others
Date: 2014-01-14
Institutions: General Court
Subjects: airline, public debt, severance pay








C_2014292EN.01004501.xml










1.9.2014   


EN


Official Journal of the European Union


C 292/45





Action brought on 14 January 2014 — Kafetzakis and Others v Hellenic Republic and Others
(Case T-38/14)
2014/C 292/55
Language of the case: Greek

Parties


Applicants: Georgios Kafetzakis and 102 other applicants (Athens, Greece) (represented by: X. Papadimitriou, lawyer)

Defendants: Hellenic Republic, European Parliament, European Council, Council of the European Union, European Commission, European Central Bank, Eurogroup

Form of order sought

The applicants claim that the General Court should:






—


declare that the defendants have omitted to adopt legislation explicitly to except the bonds which were given of necessity to the applicants by the Hellenic Republic, on their being made redundant by the former Olympic Airways, as required by a decision of the European Commission;










—


order that the applicants and all employees made redundant of the former Olympic Airways be given by means of a Community act of direct effect, directive, regulation or other Community legal instrument the capacity to recover 100 % of the value of the bonds which were given to them in place of compensation on their compulsory redundancy-retirement from Olympic Airways and,










—


order payment of EUR 3 00  000 by means of a Community act of direct effect, directive, regulation or other Community legal instrument to each of the applicants as compensation for their suffering and distress, the flagrant breach of fundamental rights and the premature termination of their working lives.





Pleas in law and main arguments

In support of the action the applicants rely on five pleas in law:






1.


First plea in law: The legislative and other measures which led Greece to the compulsory participation in P.S.I. [private sector involvement in debt relief] of the holders of Greek State bonds governed by Greek law are in reality Community acts;










2.


Second plea in law: The measures adopted by the Greek Government to deal with Greek public debt were in reality imposed by the institutions of the European Union, including the European Central Bank and the European Commission;·










3.


Third plea in law: The defendants omitted to adopt legislation explicitly to except the Greek State bonds which were given to them of necessity by the Greek State as compensation by means of acts of the Council of Ministers, by which the terms of application of P.S.I. to Greece were specified;










4.


Fourth plea in law: The assimilation of the workers made redundant by the former Olympic Airways with ordinary Greek State bondholders and the failure to except them and their express compensation from P.S.I. caused them direct, personal and serious harm, and deprived them of the enjoyment of their fundamental human rights;










5.


Fifth plea in law: All the legislative measures adopted by the Greek Government were on the instructions of and strictly speaking after a decision of Eurogroup, ΕCOFIN, the European Central Bank and the European Commission.