Procedural representative and recipient: Barrister Petros I. Miliarakis, legal resident of Municipality of Athens (63, Stournari Str., Athens, P.O box 10432).

All the undersigned and applicants, upon the present claim, we address the competent authorities of Administration and Judicial Authority and submit the following:

1a) The subject of the present claim manifestly concerns artistic and professional issues related to individual moral and legitimate interest.

1b) Simultaneously thought, the following is an expression of our duty to maintain, preserve and protect vested rights that subject to the welfare, anticipations and claiming entitlements concerning article 24, in reference to article 5 of the Constitution.

1c) Apart from the fact of our mental and ethical worth strain (on duty and service) promoting and preserving the Hellenic Folk Dances, Folk songs and Folk art, defending

with the present claim, the validity of Dora Stratou-a historical personality-(on the basis of our long-term cooperation with Dora’s Stratou historical association, there’s a judicial bond concerning the matter in specific), we invoke (with the present claim) our justified concern as Hellenic citizens that defend the Judicial benefit of our Cultural heritage. Besides, this protection constitutes, not only a binding public obligation, but an acquired right as well (v. The Council of State 3704/2000, 2141/1999, 1150/1997, 2456/1997, and The Council of State in plenary, 4946/1995).

2) All the disclosed, concern matters of significant effect on the arising issues (v. G. Marty et Raynaud, Droit Civil II. 2 (1965) no 57 p.73, Planiol-Ripert, Traite III, nos 286, Jean Gaudemet, etudes sur le rigime juridique de l’ indivision (th. Strassbourg), Monier I, p. 370, Josserand, Essai sur la propriiti collective en livre du centenaire l.1, p.357).

3) In accordance with the Legal Order, the Welfare association referred to as “Hellenic Dances-Dora Stratou” placed in Athens, has been legally constituted and henceforth legally operates.

Objective and purpose of the Association is a) the detection, b) conservation, c) domestical and abroad dissemination of the Hellenic Folk Dances, Folk songs and Folk art, as well as the formation of dance and singing groups and the Folk art exhibits (v. article 2 of the referred statute).

4) The above association, has been granted (according to the Φ977/21908/21.4.1978 Ministerial Decision-Ministry of Hellenic Culture –Directorate General of Antiquities) the exploration license of the public building placed on Epichartou and 8, Scholeiou Str., in Plaka, Athens. The specific estate has been declared a building in need of individual public protection for its cultural utilization (v. relevant Ministerial Decision, Φ977/52061/23.9.1977-Ministry of Hellenic Culture).

Preparatory act of the specific acquisition is the 12/18.3.1978 Administrative act of the Archaeological Council (Ministry of Hellenic Culture).

The former acquisition’s license expired in 1988 and since then, the utilization of the specific estate by the “Hellenic Dances-Dora Stratou” association occurs vaguely and illegally.

5) The former association currently (as well as the last 21 possessed years) is administrated by Mr. Alkis Raftis-chairman of the Administrative Board.

6) The association’s personnel includes (included): a) administrative personnel, b) dancers, c) musicians, d) other artistic factors and e)the dance teachers (that customary emanate from the dance group).

Apart from the permanently occupied administrative personnel, the other employees contracted temporary employment agreements, while the Filopappou’s Hill Theater operation is seasonal (summer season). The operation of the relevant dance school is seasonal as well (winter season).

7) According to the association’s statute, the financial resources consist of:

a) Regular and exceptional member contributions,

b) Public Subsidies and

c) Donations, inheritances and all kinds of benefits of natural and legal (resident or foreigner) individuals.

8a) The Hellenic State, defending the objectives and purposes of the “Hellenic Dances-Dora Stratou association”, has repeatedly subsidized (via the National-Public Budget –Ministry of Hellenic Culture) the former association. Simultaneously, one of the financial resources of the referred association is the school fees. The current number of registered students is approximately six hundred (600).

8b) The Hellenic State, also defending the objectives and purposes of the “Hellenic Dances-Dora Stratou” association, has arauted Filopappou’s Hill for the establishment of a Theater. In specific:

· On behalf of the Hellenic State, an area concession took place, assumed by Dora Stratou herself, on her own expenses, for the establishment of this theater of historical importance.

· Since then, for the utilization of the area, a leasing charge is formally provided, from the association to the institution of Public Property.

· According to all the above, an important matter of legality has aroused, concerning whether the “Hellenic Dances-Dora Stratou” association guarantees the right of sub-letting the specific area to the Municipality of Athens or to any other private institution, while this procedure takes place for a long period of time.

· Considering that the referred sub-letting occasionally involves the association’s suspended operation.

Therefore, as far as the Hellenic State-as well as the Legal Order- is concerned, it is essential to clarify whether the “Hellenic Dances-Dora Stratou” association consolidates the right to sub-let the specific area.

9a) It is essential to report that, since October 31, 2008, the entity of the personnel has been released –independent professional, working experience or contribution towards the association. Considering the former, all the employees maintain in whole all the legal, salary, insurance and labour rights. Claiming these rights will incur via remonstrances before: a) Inspectorate General of Labour and b) Judicial Authorities.

9b) The redundancy concerning the entity of personnel leads the historical association-which is closely linked to Dora’s Stratou leading personality- to a deadlock. Most employees have thirty (30) years of working experience and contribution towards the Association. The employees’ average working experience is approximately fifteen (15) years.

The Artistic Director’s Resignation

9c) The –since 1981- artistic director Mr. G. Mauropoulos (officially registered in Dora’s Stratou association since 1965), recently submitted resignation expressing his absolute disagreement with all the disclosed, whereas the personnel’s entity redundancy constituted his resignation’s peroration (The Chairman’s intention is the recruitment of inexperienced employees. Common sense and experience declare that, in a dance group of fifteen to twenty members, an individual could cause quality reduction).

One of the Artistic Director’s resignation reasons is that of his absolute disagreement with the upcoming recruitments-concerning dancers considered inappropriate. Thus, lurks the danger of the dance group’s quality reduction and the revalorization of the historical value of Dora’s Stratou fame.

The association’s chairman Mr. Alkis Raftis announced that he has already undertaken the Artistic Director’s duties.

10) At this point, the sentimental and economic value of the association’s priceless costume collection is incalculable. This collection –as reported in the statute- will devolve in the “Athens Benaki Museum” in the event of the association’s termination (v. Article 26, Referred Statute).

It is stated that, the employee responsible for the costume collection has been released, while the associations chairman Mr. Alkis Raftis has undertaken this duty as well.

11) The “Hellenic Dances-Dora Stratou” association chairman Mr. Alkis Raftis however, constitutes a factor of private authority abuse (in reference to article 25, par. 1 of the Constitution):

11a) Mr. Alkis Raftis maintains –at the same time- (since 2000) the Chairman’s position to another association as well (“CID, The International Dance Council”). The maintenance of two positions in parallel, distresses, not only the association’s moral and material legal interest, but the Public Interest as well.

11b) The “CID” (an urban, non-profit company), haw been founded in Hellas and is place in 8, Scholeiou St. (Plaka, Athens)- premises of the “Hellenic Dances-Dora Stratou” association as well, granted by the Hellenic State.

11c) Considering the above, the “CID’s” abusive accommodation is objectively evident, occurring public property exploitation by a private individual.

11d) Beyond the above, the incompatible co-existence of two positions at the same time (one of the two is publicly protected) is unacceptable, while the “CID” company’s facilities are possibly maintained via public allocation-besides, the former facilities are arbitrary accommodated in a public place.

11e) The “Hellenic Dances-Dora Stratou” employees’ salaries, are publicly allocated, and the fact that these employees offer their service to the “CID” as well is unacceptable.

At the same time (due to the above accommodation), the relation between the associations is being prejudiced, while many facilitations –harmful to the “Hellenic Dances-Dora Stratou” association- take place, as the association’s tuition fees are discounted on terms of the student being a member of “CID” as well.

12) The former degrades the association’s educational role, as a result of the objectives’ and purposes’ deviation, as the association offers Latin and other Dance lessons by the Chairman’s decision.

This policy exploits Dora’s Stratou historical name and the objectives and purposes of the association founded by her, resulting in the undermining and circumvent of the association’s purposes concerning the Hellenic Cultural Heritage and Tradition.

This exploitation extends to the traditional embroidery lessons, where simultaneous takes place (The “Hellenic Dances-Dora Stratou” association’s members pay 15 euros annually while the “CID” members attend the lessons for free).

In other words, the “CID” company on the one hand, exploits Dora’s Stratou name attracting members and students (to its influences extension) and violates, on the other hand, the objectives and purposes that Dora’s Stratou association’s statute designated. Thus, the “CID” company, not only extends its influence, but acquires financial benefits via the registration of new members as well.

13a) In “Hellenic Dances-Dora Stratou” association’s dance school, folk dance lessons take place. These lessons are distinguished in three levels, corresponding to three years (October to June).

Upon the program’s completion, a certification is provided. This certification is related and connected to Dora’s Stratou name and validity.

13b) All the interested in cooperating with the association dance school owners and dance associations are summoned via an announcement concerning the specific program. It is entailed that the former dance schools will form new folk dance learning groups, according to the “Hellenic Dances-Dora Stratou” association’s lesson plan.

13c) Precondition to all these, according to both associations’ chairman’s policy is the assimilation of the ‘Hellenic Dances-Dora Stratou” association, including its administrative members, dance teachers and students in the “CID” company.

Thus, via the above procedure, the “CID” company’s capacity increase is endeavoured, exploiting once again Dora’s Stratou name and prevailing association.

14a) Another activity, detrimental to the validity and financial condition of Dora’s Stratou association is the “World Dance Conference’, which, while till recently, used to be one of “CID” company’s activities, it has already been redenominated into a “Hellenic Dances-Dora Stratou” association’s activity, under the auspices of “CID”.

The specific activity is proven to be severely detrimental –on a financial basis- for the public budget benefited historical association, as the “Hellenic Dances-Dora Stratou” association’s appearances in Filopappou’s Theater are being cancelled for the specific period of time.

14b) There has recently been the information of another association, founded as a “CID’s” branch, called “Athens Department”.

15) Taking all the above into consideration, it is objectively obvious that the public budget benefited association is administered in an authoritarian manner, performing private authority, which is detrimental not only to the public interest, but to the individual right of association as well.

The subscription of new members-dancers in specific-is not allowed, encompassing even those who no longer perform the relative profession, even if the former have offered a multiannual service towards the “Hellenic Dances-Dora Stratou” association.

Conclusion to this inhibitive interference to the legal individual right of association, is the sense of authoritarian financial administration which-as far as public subsidy is concerned-is essential to affect the Court of Auditors Authority and State Control in general, through Administrative and Prosecutive procedure. Besides:

16) The present claim concerns matters that relate to the Public Interest’s service, in the framework of our cultural and traditional heritage, tourism policy and our country’s international promotion.

Public interest though (not an abstract concept), subjects to the revocative judge audit (v. The Council of State, 473/1960, 170/1968, 2112/1984, also P. Dantoglou “Public Interest and Constitution” 1986, P. Konstantopoulos “Dicanic valuation of Public Interest in the framework of the Constitution”, 1992, p. 473).

Taking all the above into consideration

a) Till the receipt of the present claim from the Public Administration Officials, the possibility of factually incorrect is acceptable (v. The Council of State, 1440/1963, 1028/1966, 1720/1977, 4799/1977, 662/1978, 2187/1984, 2228/1987, 3821/1990, E. Spiliopoulos “Administrative Law Manual” 2002, G. Papahatzis “Discretionary

Administrative Authority” research and studies 1961, S. Papafragkos “Audit Conclusions, Decisional Law of the Council of State”, M. Stasinopoulos “Law of Administrative Acts”, Goldengerg “Le Conseil d’Etat, juge de fait”, Chavon-Demersay “L’ examen du fair par le Conseil d’etat”, J. Auby-R. Drago “Traite de Contentieux administratif”, R Odent “Contentieux Administratif”.

In consequence, upon the summon of the present claim, an Administration’s mistake in events could not be justified and all the Official Authorities, shall be obliged to proceed to all legal actions required.

b) In specific, the exercise of Private Authority (as far as the Chairman of both associations-Mr. Alkis Raftis- is concerned) is asserted resulting in improper and abusive exercise of authority. This punitive approach does not comply with the rules of law and is disapproved by the Constitution (v. Article 25, par. 3 and the Council of State 2504/2000 and 3126/2001, Th. Tsatsos “Administrative Law Researches”, G. Leze “La jurisprudence du Conseil d’Etat et le dedurnement de pouvoir dans la jurisprudence administrative”.

c) It is here emphasized the issue that concerns the important asset such as the association’s costume collection, which, due to its final destination intended (The Athens Benaki Museum), in case of the association’s renunciation.

The former asset, as a legal object to our cultural heritage is protected by the Council of Europe’s assertions (Strasburg) (v. ECHR Decisions “The Trakroren Aktiebolag in opposition to Sweden-July 7, 1989”, Gasus Dosier-und Forderte Chnik GmbH in opposition to the Nederlands, February 23, 1995”, Pina Valley Benthem in opposition to the Nederlands, October 23, 1985”.

Considering all the above, the present claim a) is substantial ( v. ECHR decision, “Van Leuven and De Meyere in opposition to Belgium, June 23,1981) and b) is related to actual and legal aspects (v. ECHR decision “Albert and Le Compte in opposition to Belgium, February 10, 1983).

Our claim is a claim that the enforcement be taken over, as:

a) The Administrative Authority is obliged to proceed to the required actions in order to satisfy the disclosed requirements that concern Public Interest as well (v. The Council of State, 431-1977).

b) The relevant claim has been submitted in the competent authority and is based on the Principle of Unity and Integrity of Administration. Thus, every competent authority of Administration is obliged to proceed to all the required actions, covering all commitments concerned, performing their exclusive competence on the basis of the Principle of Compliance with the laws in force (v. The Council of State 2560/1969, 254/1974, 3131/1993) and

c) We have every legal right to submit the present claim (v. The Council of State 1236/1971).

For the reason that:

· Every Public Authority (Administrative, Jurisdictive and Prosecutional) is obliged to proceed to all required actions performing their exclusive competence taking into consideration all the disclosed,

· The present claim is legally justified and substantive,

· The conditions of the presentment claim’s admissibility are fulfilled,

Under the explicit reserve of our legitimate rights (v. Donna Gomien “Short Guide to the European Convention of Human Rights-Council of Europe, Strasbourg, 2000, p. 39 and A. Drzemczewski “European Human Rights Convention in Domestic Law-Oxford: Clarendon Press, 1983, D. Gomien, D. Harris and L. Zwaak “Law and Practice of the European Convention on Human Rights and the European Social Charter-Strasbourg: Council of Europe Publishing, 1996)

We claim

The acceptance of the present claim of enforcement, so that every competent public authority (Administrative, Jurisdictive and Prosecutional) performs their exclusive competence taking into consideration all the disclosed, in compliance with the laws in force, for:

a) The permanent cessation of the -arbitrary accommodated in a public estate- “CID” association

b) The conduction of processing and investigation via the Court of Auditors, concerning the Public allocations and subsidies (Ministry of Hellenic Culture and other Public Authority) and

c) The essential audit via the Prosecutive Authority (for the detection of potential penal infringements and liabilities).

Authorized Competent Bailiff to legally notify the present “claim of enforcement” to:

a) The Minister of Hellenic Culture (representative of the Ministry of Hellenic Culture), legal resident of Athens

b) The Minister of Tourism (representative of the Ministry of Tourism), legal resident of Athens

Notification to:

a) The President of the Court of Auditors (representative of the Court of Auditors), legal resident of Athens

b) The Public Prosecutor of the Hellenic Supreme Court of Civil and Penal Law (representative of their authority and legal resident of Athens)

c) The Municipality of Athens, legally represented, resident of Athens

d) The Directorate-General of Antiquities and Cultural Heritage (Ministry of Hellenic Culture)

For their information and the legal consequences (as well as the copying of the present claim to the application services).

Athens, May 14, 2009

The applicants The Procedural Representative

Barrister Petros I. Miliarakis