The courts have vindicated pensioners and have compelled social security bodies to return the cuts imposed by Laws 4051 and 4093/2012.
By virtue of decision 2287/2015 of the Plenary session of the Council of State, both in the main and supplementary parts referring to pensions, the constitution was contrary to the provisions of article 6 par. 2 of law 4051/2012 and article 1, par. IA5 ca. 1 and subp. IA6 case 3 of Law 4093/2012, on the cuts imposed on pensioners. The decision of the Council of State was not applied by the government, even though three years have passed. However, pensioners have appealed to the courts of law and are being vindicated.
The Administrative Court of First Instance of Athens, with its decision No. 1689/2018, for the first time obliges the ETEAEP to reimburse the pensioners with interest rates concerning retrospective payments which arose with regards supplementary pensions owing to their being considered as unconstitutional.
Can the State not apply the decisions of Plenary session of the Council of the State, which considered the provisions of Laws 4051 and 4093/2012 as unconstitutional, but the Courts of Appeal with Decision No 1689/2018 of the Administrative Court of First Instance of Athens open the way for the acquittal of those pensioners who have appealed or will appeal to the Courts.
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