Case T-531/14: Action brought on 15 July 2014 — Sotiropoulou and Others v Council
Date: 2014-07-15
Institutions: General Court
Subjects: Greece, competence of the Member States, damages, indemnification, pension scheme








C_2014351EN.01001101.xml










6.10.2014   


EN


Official Journal of the European Union


C 351/11





Action brought on 15 July 2014 — Sotiropoulou and Others v Council
(Case T-531/14)
2014/C 351/13
Language of the case: Greek

Parties


Applicants: Limonia Sotiropoulou (Patras, Greece) and 63 others (represented by: K. Khrisogonos, lawyer)

Defendant: Council of the European Union

Form of order sought







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order the defendant to compensate the applicants in full for the financial loss suffered by them from 1 January 2013 until 31 May 2014 as a result of the unlawful reduction of their main pensions by the decisions of the Council of the European Union referred to, totalling EUR 8 70  504,11;










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order the defendant to pay in full to each of the applicants the sum of EUR 3  000 as compensation for the non-material harm which they suffered as a result of the unlawful reduction of their main pensions by the decisions of the Council of the European Union referred to;










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order the defendant to pay in full the applicants’ legal costs.





Pleas in law and main arguments

The action concerns an application, under Article 268 TFEU, for compensation in respect of the loss and harm which the applicants have sustained as a result of the drastic reduction of their main pensions pursuant to the measures and the interventions in Greece’s pension system provided for in the following unlawful decisions of the Council of the European Union: Decisions 2010/320/ΕU of 8 June 2010 (1), 2010/486/ΕU of 7 September 2010 (2), 2011/57/ΕU of 20 December 2010 (3), 2011/257/ΕU of 7 March 2011 (4), 2011/734/ΕU of 12 July 2011 (5), 2011/791/ΕU of 8 November 2011 (6), 2012/211/EU of 13 March 2012 (7) and 2013/6/ΕU of 4 December 2012 (8). In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, concerning infringement of the principles of conferral and subsidiarity






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The applicants submit that, in adopting the contested decisions, which concern inter alia the laying down of detailed measures, polices and interventions in the social security and pension system, the Council exceeded the powers accorded to it by the Treaty and infringed the principles of conferral and subsidiarity as laid down in Articles 4 and 5 of the Treaty on European Union in conjunction with Articles 2 to 6 of the Treaty on the Functioning of the European Union. When adopting decisions under Articles 126(9) and 136 TFEU that are addressed to Greece, the Council cannot lay down in detail the policy that Greece must follow in the abovementioned fields, which fall within Greece’s exclusive competence as a Member State of the European Union, and for that reason the abovementioned decisions with that content are unlawful and give rise to non-contractual liability of the European Union to compensate the applicants for the loss and harm resulting from the reduction of their pensions by those unlawful decisions.














2.


Second plea in law, concerning infringement of fundamental rights laid down in Articles 1, 25 and 34 of the Charter of Fundamental Rights of the European Union






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The applicants contend that the abovementioned decisions of the Council required measures relating to the pension system to be adopted that fundamentally disturbed the applicants’ financial situation and resulted in the reversal of situations which they had sought in good faith. The drastic pension cuts and reductions that were imposed in implementation of the measures specified in the abovementioned decisions of the Council resulted in a radical downward equalisation of social security protection and in a rapid deterioration in the standard of living of pensioners, including the applicants, who because of the reductions in their pensions were deprived of the greater part of their previous disposable income. The enactment and implementation of the reductions at issue resulted in direct infringement of the applicants’ right to human dignity, of their right as elderly persons to lead a life of dignity and independence and of their right to social security benefits and social services providing protection in cases such as old age, rights which are directly enshrined in Articles 1, 25 and 34 of the Charter of Fundamental Rights of the European Union; that renders the decisions at issue unlawful per se and gives rise to non-contractual liability of the European Union to compensate the applicants for the loss and harm resulting from the reduction of their pensions by those unlawful decisions.










(1)  Council Decision 2010/320/EU of 8 June 2010 addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2010 L 145, p. 6).

(2)  Council Decision 2010/486/EU of 7 September 2010 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2010 L 241, p. 12).

(3)  Council Decision 2011/57/EU of 20 December 2010 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2011 L 26, p. 15).

(4)  Council Decision 2011/257/EU of 7 March 2011 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening the fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2011 L 110, p. 26).

(5)  Council Decision 2011/734/EU of 12 July 2011 addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2011 L 296, p. 38).

(6)  Council Decision 2011/791/EU of 8 November 2011 amending Decision 2011/734/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2011 L 320, p. 28).

(7)  Council Decision 2012/211/EU of 13 March 2012 amending Decision 2011/734/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2012 L 113, p. 8).

(8)  Council Decision 2013/6/EU of 4 December 2012 amending Decision 2011/734/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2013 L 4, p. 40).