In the Special Court of Malpractice discussed the lawsuit of 176 health workers against the 19 members of the Plenary of the Council of State under the then president of Dimitris Skaltounis, who rejected by a majority (decision 1684/2022) their petition against the ministerial decision that provided for their compulsory vaccination. The 176 claim the total amount of 8.8 million euros as compensation from the 19 judges.

More specifically, the dismissed judges are the former president of the Council of Ministers Dimitris Skaltounis, the vice-presidents Michalis Pikramenos and the resigned Panagiotis Efstratiou, the state councilors Panagiota Karlis, Vassilis Aravantinos (retired), Anna Kalogeropoulou, Konstantina Filopoulou, Dimitris Makris, Angeliki Mintzia, Marlena Tripoltsioti, Nikolaos Skarvelis, Vasilios Androulakis, Efstathia Skouras, Constantia Lazarakis, Aikaterini Roxana, Eleni Georgoutsou and the godparents Eleni Mourgia, Theodora Ziamou and Zoe Theodorikakou.

In particular, the decision 1684/2022 of the Plenary Session of the CoE, had rejected an application by the Panhellenic Federation of Public Hospital Employees (POEDIN) which requested the annulment of the ministerial decisions on compulsory vaccination in the health services sector (doctors, nurses, etc.) and their exemption from this obligation. According to the disputed ministerial decisions, those who refused (except for doctors) to be vaccinated would be suspended from duty.

The Plenary Session of the CoE rejected her application EVERwhile the minority called the mandatory vaccination measure unconstitutional.

This was followed by a decision of the seven-member composition of the 3rd Department of the CoE (2332/2022), chaired by the vice-president Giorgos Tsimekas (retired) and the rapporteur was the Councilor of State Vassilis Androulakis, after a request again from POEDIN. The 3rd Department ruled that the provision extending the validity of the re-evaluation of the mandatory vaccination of workers in health structures until 12-31-2022, is contrary to the constitutional principle of proportionality.

Subsequently, the 176 health workers appealed to the Special Court of Malpractice Proceedings against the 19 judges of the majority of the Plenary Session of the CoE, claiming the total amount of 8.8 million euros (50,000 euros for each of the 176 health workers).

The 176 claim that the disputed judges of the CoE violated their official duty and ruled against the provisions of the European Convention on Human Rights, as they claim that they knowingly treated POEDIN unilaterally as a party, violated basic principles of the court’s operation concerning the equality of the parties and “led to a result that drastically burdens their personal situation. The 19 judges are also accused of gross negligence in the performance of their official duties.

The application of the 176 was discussed in the Courts of Malpractice (chaired by the president of the Supreme Court, Ioanna Klapa – Christodoulea) under tension as during the hearing process, health workers were present and verbally directed against the judges of the seat.

During the hearing, the rapporteur of the Areopagite case, Dimitris Peppas, stated that the court “must examine whether the objections presented demonstrate illegal and culpable behavior to the extent of malice or gross negligence on the part of judicial officials in the exercise of their judicial duties.”

According to Mr. Pepa, it must be examined whether it is demonstrated in the person of the 19, “either malice, i.e. their intention directed with knowledge directly or possibly to causing damage to the plaintiffs, or gross negligence.”

The Court of Torts was composed, in addition to Mrs. Klapa-Christodouleas and Mr. Peppa, by Areopagite Dimitris Trakas, Law School professors Despina Klavanidou (Thessaloniki), Styliano Stamatopoulos (Thrace) and Athens lawyers Dimitrios Manolis and Efstratios Karvelis.