The issue of reinstating holiday and leave bonuses for public sector employees remains closed, following a ruling by the plenary session of Greece’s Council of State.
In Decision 1201/2026, the country’s highest administrative court ruled that the legislature’s decision not to reinstate the bonuses abolished under Law 4093/2012 does not constitute an unconstitutional omission or a violation of EU law.
The case reached the plenary session after a public sector employee filed a lawsuit with the Athens Administrative Court of First Instance, seeking payment equivalent to two additional basic monthly salaries for each year. ADEDY, the civil servants’ union federation, supported the employee’s claim.
The claim covered the period from 1 January 2023 to 31 December 2024 and was based, among other grounds, on EU Directive 2022/2041 on adequate minimum wages.
The lawsuit covered the period from 1 January 2023 to 31 December 2024, but the EU directive could only apply after its transposition deadline expired on 15 November 2024.
One of the main issues examined by the Council of State was whether the EU directive could serve as a legal basis for the public sector employee’s claim. The court clarified that the directive could only be invoked for the period after 15 November 2024, when the deadline for its transposition into national law expired.
The Council of State also cited case law from the Court of Justice of the European Union (CJEU), particularly its ruling of 11 November 2025 in Case C-19/23. The CJEU had ruled that workers’ pay and the setting of minimum wages remain within the competence of EU member states.
The court also found no evidence that the non-payment of the bonuses put public sector employees’ ability to maintain a decent standard of living at risk.
Source: AMNA