Post by zeus on Jul 6, 2006 15:12:26 GMT 1
DA FEDERAÇÃO PORTUGUESA DE PANKRATION ATHLIMA, recebemos a informação de que foi reiterado pelo Tribunal de Atenas, que a unica Federação Internacional de Pangration reconhecida é a WPAF.
VOU JUNTAR A DECISÃO DO TRIBUNAL, TAL COMO FOI RECEBIDA DA WORLD PANGRATION ATHLIMA FEDERATION.
Qualquer informação adicional, por favor contactem as Autoridades Competentes. Em Portugal ou Grécia.
ATHENS
COURT OF FIRST INSTANCE
DEPARTMENT OF VOLUNTARILY JURISDICTION
Number of decision 2542/2006
THE ATHENS FIRST INSTANCE COURT
It was constituted by Juridical Maria Tsopani, Judiciary Assessor (because impediment of regular judges), who was fixed by the chairman of Three-member Council of Administration of Court of first instance and by the Secretary Frideriki Tsokara.
It sat states in his audience on 6 February 2006, in order to judge the affair between:
THE DENOUNCING: Association – Athletic Federation with the name «INTERNATIONAL FEDERATION OF PANKRATION ATHLIMA" (IFPA), which resides in Lamia and is represented legally, by his attorney lawyer Panagiotis Papahristou
THE DENOUNCER: Association of Athletic Federation with the name "WORLD PANGRATION ATHLIMA FEDERATION» (W.P.A.F.) which resides in Athens and is represented legally, by his attorney lawyers Evangelos Roupakiotis and Maria Kokonoglou.
The association - athletic Federation (IFPA) which is requesting the charge, it is requested to becomes acceptable from 30.9.2005 the charge, that was deposited in the Secretariat of this Court with number of deposit of legal deed 7335/2005, were initially determined with actionable in the 12.12.2005, therefore was postponed for above actionable and was also written in the board. At the discussion of affair the attorneys lawyers of suitors developed their statements and they asked they become acceptable those who are reported in the proceeding and in their written proposals.
AFTER IT STUDIED THE BRIEF
IT THOUGHT ACCORDING TO THE LAW
At the decision on foundation of association that is published at the procedure of volunteer jurisdiction (articles 741 - 742 Code of Civil Procedure), is allowed the exercise charge in third person that is harmed from foundation of association (article of 773 Code of Civil Procedure). At the provisions of articles 583 and 586 the Code of Civil Procedures, third person that did not participate with any attribute in trial, at that from was given final decision, they were not called to take part in this, they are legalised they practise charge at the decision, provided that they have interest. Third person, who is committed from predetermining the decision, it is eligible it practises at this charge, provided that it invokes deceit the suitors, with that it was published (article of 586 paragraphs of 2 Code of Civil Procedure), decisions however, what are published at the procedure of volunteer jurisdiction, at the general opinion they do not produce judged at his significance article of 321 CPP (SC 26/1987/29,119) and consequently for admissible charge it is not required it invokes deceit of the initial suitors but is enough, that suffers damage or danger his interests from the offended decision (...............................)
Further, according to the provision of article of 78 CCP, union of persons that is aiming not speculative acquires personality, when it is written in the special Public book of (associations) that is observed in the Court of first instance of his seat. In order to recommended association it is demanded 20 at least persons, from the provision of article of 83 CCP, it is fixed that the association acquires personality from the moment where it is written in the book. Registration is becoming final as soon as the Court orders the decision. The above provisions insofar as they are not modified, they are also in effect for the athletic associations and their unions, that are not conditioned more by athletic law 2725/1999, as this continues being in effect. More specifically, according to the provision of paragraph of 1 article of 19 law 2725/1999, the Federation is the highest organisation of athletic associations or athletic unions, that cultivate the same sport, it has aim the culture and their growth in all the country and functions according to the provisions of article of 78 CCP, at the paragraph of 2 same article, for each sport or sector of exercising is allowed the constitution one and only Federation for all the country, who represents the sport internationally, according to the being in effect regulations of familiar international athletic Federation and the International Olympic Committee (IOC), and her seat is fixed by her statute. Moreover, at the provision of article of 1 same law, athletic association is, at the provisions of article 78 of the CCP, union of individuals that has as main aim the systematic culture and the growth of possibilities of his athletes, for their attendance in athletic events, at the provisions of articles 8 and 28 the same law, the athletic Federation is eligible she asks the benefit of special athletic recognition , that is granted with decision the responsible for Sports Minister and it enjoys privileges and various subsidies. The above legislative regulation of recognition of one only overlying union or federation per sport or sector, it is imposed by reasons of public interest to reject of foundation of many federations for each sport or sector, thing which would involve confusion, dysfunction and hindrance of exercise by the responsible government owned organs of athletic policy, after the existing Federation is person in charge for the culture and growth the sport of her competence.
From the previous regulation it follows necessarily that, provided that in a sport has been recommended already a Federation, it is not allowed is recommended new other Federation from other associations that have or do not have been members in the first one, with object the culture of same sport. If after all will recommended a new second Federation, is provided the possibility in the first and already functioning Federation of asking, practising education, at articles 583, 586 and 773 the CCP, the cancellation of juridical decision that it recognized as second Federation of the same sport (SUPREME COURT 537/2005 "LAW").
In the case in question in Lamia, the athletic Federation with the name "International Federation of Pankration Athlima ", legally represented, it is sought a) the cancellation of final decision of this court with number 3509/2002 which was published at the process of volunteer jurisdiction and with which became acceptable the application for the recognition of Federation with the name "World Pangration Athlima Federation" (W.P.A.F.), that resides in Athens and is represented legally, for the reason that, the Federation Lamia has been recognized as the official athletic Federation, that represents the Pangration Athlima, with result the damage of her legal interests, in as far as, the offended decision was mistaken judging legal her recognition first Federation and consequently it is legitimately created in third confusion, with regard to who Federation is the official one and, b) The condemnation of the second federation to the juridical expense. With this income and demand the charge of admissible and responsible is imported for discussion in this court (articles 708, 586 and 588 CCP), and take in consideration that pacts and with that they were exposed in the more major thought, the denouncing Federation does not need she invokes deceit the initial suitors, at the special procedure of volunteer jurisdiction, is certain and legal, supported in the provisions that are reported in present as well as in the article the 176 CCP. Should, consequently, the charge which is to be discussed to be completely also searched as for essential base. From the statutory deposits of witnesses of proof and counter-evidence that was examined in the audience and is included in the proceeding with present, as well as from the estimate legally and with invocation by the two sides of existing documents, that were taken into consideration from their Court in total, as the suitors expose with their legal deeds, in combination with the oral process in the audience, were proved the following real incidents:
On 28 March 2002 and with number of deposit of legal deed 3110/2002 on application of recognition of the association to the Secretariat of One-member Court of Athens First Instance Court, that they deposited: Andreas Mazarakis, Panagiotis Kanellopoylos, Stelios Sfakianakis and Lazarus Savvidis, all legal representatives of Hellenic Pangration Athlima Federation as well as the legal representatives national federations of the member states Mexico, Spain, New Zealand, Iran, Russia, South Korea, Hungary, Australia, Italy, Singapore, Uruguay and Canada with their attribute as founding members and members of the new elected Administrative Council of the new World Federation in Greece and the city of Athens "WORLD PANGRATION ATHLIMA FEDERATION" (W.P.A.F.), they asked recognized I and it is written in the book that is observed in the court for this aim, under constitution association with seat Athens and with name "WORLD PANGRATION ATHLIMA FEDERATION" (W.P.A.F.) In the above application was published the decision of 3509/2002 One-member Court of first instance of Athens (process of volunteer jurisdiction), who accepted the application and recognized the athletic Federation (W.P.A.F.) and ordered it is written in the familiar book of recognized associations that it is observed in the court for this aim. Then, the approved with the above decision Statute, was registered with serial number 685 on 21.08.2002 in the familiar book of recognized associations of Court of first instance Athens (see with number 3509/2002 decision of One-member Court of first instance Athens as well as from 7.02.2006 with number of protocol 221 Certificate of Court of first instance Athens the department of companies and associations).
............................
The WORLD PANGRATION ATHLIMA FEDERATION (W.P.A.F.), have already organises World and Pan European Championships, with the attendance of tens of countries and hundreds of athletes, while her representatives participate in international congresses and events, that organise athletic institutions (see with number of protocol of 30.03.2002 the letter 27th Olympic Games the 3rd time of 5th month, the letter of Hellenic – American Olympic Council, the decision of General Secretary of Athleticism with number of protocol 14.10. 2002, with that is approved the passage of General Secretary of Federation Mr. Panagiotis Kanellopoulos and the member of Executive Committee of WORLD PANGRATION ATHLIMA FEDERATION of Mr. Lazarus Savvidis in Switzerland (Zurich), so that they take part in the meeting that organises by the AGFIS/GAISF at 22.10.2002, the letter - greeting of General Secretary of Sports for the first Paneuropean Championship of Pangration Athlima for Men and Women on 14 March 2004 that took place in Thassos, Greece, the document with number of protocol 5435 on 8 May of 2004 Municipality Thassos, that was communicated in the WORLD PANGRATION ATHLIMA FEDERATION, on the subject the submission for control of decision of Municipal Council Thassos with number 190/2003 with regard to the organisation of first Paneuropean Championship, the letter of Undersecretary of Sports to the Chairman and the Administrative Council of Federation in the 15.4.2005, for the occasion of invitation which to him they sent so that it assists in the Pan-Hellenic Championship, that will be carried out in the Olympic stage, in that it is reported among others that, the Hellenic and the WORLD PANGRATION ATHLIMA FEDERATION, are from the most active and active departments in the Greek sports and the support of Ministry of Sports is certainly given.
...................................
Further, the Hellenic Olympic Committee with her document on 24.9.2002 and with protocol 5668/RM/ma CERTIFIES that the WORLD PANGRATION ATHLIMA FEDERATION with seat Greece, is the unique institution which has aim the distribution, culture and growth of Pangration Athlima, so much inside the borders of Greece what in international level.
Moreover the Ministry of Culture (GENERAL SPORTS SECRETARY) with its document on 15 December 2005 and with number of protocol 59587, on the subject the recognition international and world Federations, that addresses to Mr. Panagiotis Koutroubas in answer of his letter on 29 November 2005 it reports that, " For each sport or sector of athletics is allowed the constitution of one and only Federation for all the country. The alone Federation that has been recognized by our service for the sport of Pangration Atlhlima is the Hellenic Pangration Athlima Federation (EOPA), that resides in Kifisias 37 -15123 -, in the Olympic Athletic Centre of Athens. According to Certification of Hellenic Olympic Committee the World Pangration Athlima Federation with seat Greece is the only one institution aiming at the distribution, culture and growth of Pangration Athlima in international and world level. The General Secretariat of Sports it does not recognize world and international federations and it has not supported economically and administratively brought as International Federation of Pankration Athlima contrary to the World Pangration Athlima Federation that it subsidised also so that it is carried out world congress aiming at the foundation and operation her.
............................
Moreover in the document of Ministry of Foreign Affairs (Address Educative and Cultural Affairs) with number of protocol 4636.41 AS/2170 se tjs 15 11. 2005 that is addressed to the Hellenic General Consul of Saint Paul’s and was communicated to the General Secretariat of Sports, on the subject the 2nd Panamerican 2nd World Championship in the city of Guarulos of the state of Saint Paul of Brazil, it is quoted that, after the telephone briefing by the General Secretariat of Sports, the alone recognized Federation of Pangration Athlima in Greece is the World Pangration Athlima Federation in which chairman is Mr. Andreas Mazarakis.
..............................
On the contrary, the second athletic Federation, in Lamia, it was recognized with the decision with number of 202/2002 of One-member Court of first instance Lamia (process of volunteer jurisdiction) and was written in the familiar books of recognized associations with number 54 in the 29 10. 2002, that is to say, in time later from the registration in the corresponding books of recognized associations of athletic Federation which it denounces (cf. with number 55 on 8 February 2000 Certificate the Secretary of Court of first instance Lamia),
................
The statement denouncing that the Statute was approved totally and was signed by the founding members on 17 April 1999, where was also organised her founding congress, as well as that it was signed by the chairman of Hellenic Federation Mr. Andreas Mazarakis and the General Secretary Mr. Panagiotis Kanellopoylos, that then participated actively in the foundation World Pangration Athlima Federation (W.P.A.F), it does not practise essential influence or in the legal relation of trial, datum that denouncing acquired legal personality, with base provisions of urban code what applying I and on athletic associations, from the registration in the familiar book of recognized associations the Court of first instance Lamia in the 29.10.2002 and not from the day of her conduct founding congress.
Further more the above congress it was carried out with the presence of local representatives, without however the attendance of any institution responsible for subjects of Sports of Ministry.
Moreover, is not brought no document, from that it results that denouncing enjoys the benefit of special athletic recognition, that is granted with decision responsible for Sports of minister as well as privileges and government owned economic subsidies from the general Secretariat of Sports.
Following, by no document it is not proved that the denouncing athletic Federation is recognized by the Olympic Committee, as well as that received approval from responsible Ministry for the organisation of championships, as it is forecasted by the being in effect athletic law.
........................................
Moreover, the World Champion of Pangration Athlima of 2003 and member of the official Greek National Team of H.P.A.F. report in his statement in the 31.1.2006 that, the official championships are organised by the Ministry of Sports and that it has been honoured by the Greek Minister of Athleticism Mr. Orfanos, among other Olympic champions, because the championships which was organised by Mr. Mazarakis and the WORLD PANGRATION ATHLIMA FEDERATION they were officially also recognized from the Greek government. However he participated in certain brought international event in 1999, which however were not official, because he had been deceived by Mr Kutrubas.
After the above, with base mentioned before, it involves that the recognition of charged Federation as athletic association, has as result the existence and operation in the sport of Pangration of two Federations, from that the one, at what exists the charge, it acquired legal personality in time previous, it enjoys the recognitions of responsible Ministry for Sports, under the monitoring and then application that it organises Paneuropean and World championships, while moreover it is subsidised by this for the conduct the above championships.
On the contrary, the denouncing Federation, except his that it acquired legal personality in time later from the Federation which it denounces, it did not accomplish it proves that it functions in collaboration with the responsible athletic institutions for the organisation of championships or that it receives economic government owned subsidies, as well as that it is found under the aegis responsible for subjects of Sports of ministry, so that is not created confusion from coexistence of 2 athletic federations, since so much from the Ministry of Culture (General Secretariat of Sports), as much as by the Hellenic Olympic Committee propensity it is recognized the charged Federation as the unique institution aiming at the distribution, culture and growth of Pangration Athlima in international and World level, that after all the General Secretariat of Sports supports finances and administratively.
After this it should is rejected the judged charge as unfounded in the substance and is condemned the denouncing Federation because her defeat in the juridical expense (article 176 CCP), as it is more specifically fixed in the mechanism.
FOR THESE REASONS
.............
It rejects the charge
It condemns the denouncing athletic Federation in the juridical expenses what it fixes in the sum of 430 Euros.
The JUDGE The SECRETARY
VOU JUNTAR A DECISÃO DO TRIBUNAL, TAL COMO FOI RECEBIDA DA WORLD PANGRATION ATHLIMA FEDERATION.
Qualquer informação adicional, por favor contactem as Autoridades Competentes. Em Portugal ou Grécia.
ATHENS
COURT OF FIRST INSTANCE
DEPARTMENT OF VOLUNTARILY JURISDICTION
Number of decision 2542/2006
THE ATHENS FIRST INSTANCE COURT
It was constituted by Juridical Maria Tsopani, Judiciary Assessor (because impediment of regular judges), who was fixed by the chairman of Three-member Council of Administration of Court of first instance and by the Secretary Frideriki Tsokara.
It sat states in his audience on 6 February 2006, in order to judge the affair between:
THE DENOUNCING: Association – Athletic Federation with the name «INTERNATIONAL FEDERATION OF PANKRATION ATHLIMA" (IFPA), which resides in Lamia and is represented legally, by his attorney lawyer Panagiotis Papahristou
THE DENOUNCER: Association of Athletic Federation with the name "WORLD PANGRATION ATHLIMA FEDERATION» (W.P.A.F.) which resides in Athens and is represented legally, by his attorney lawyers Evangelos Roupakiotis and Maria Kokonoglou.
The association - athletic Federation (IFPA) which is requesting the charge, it is requested to becomes acceptable from 30.9.2005 the charge, that was deposited in the Secretariat of this Court with number of deposit of legal deed 7335/2005, were initially determined with actionable in the 12.12.2005, therefore was postponed for above actionable and was also written in the board. At the discussion of affair the attorneys lawyers of suitors developed their statements and they asked they become acceptable those who are reported in the proceeding and in their written proposals.
AFTER IT STUDIED THE BRIEF
IT THOUGHT ACCORDING TO THE LAW
At the decision on foundation of association that is published at the procedure of volunteer jurisdiction (articles 741 - 742 Code of Civil Procedure), is allowed the exercise charge in third person that is harmed from foundation of association (article of 773 Code of Civil Procedure). At the provisions of articles 583 and 586 the Code of Civil Procedures, third person that did not participate with any attribute in trial, at that from was given final decision, they were not called to take part in this, they are legalised they practise charge at the decision, provided that they have interest. Third person, who is committed from predetermining the decision, it is eligible it practises at this charge, provided that it invokes deceit the suitors, with that it was published (article of 586 paragraphs of 2 Code of Civil Procedure), decisions however, what are published at the procedure of volunteer jurisdiction, at the general opinion they do not produce judged at his significance article of 321 CPP (SC 26/1987/29,119) and consequently for admissible charge it is not required it invokes deceit of the initial suitors but is enough, that suffers damage or danger his interests from the offended decision (...............................)
Further, according to the provision of article of 78 CCP, union of persons that is aiming not speculative acquires personality, when it is written in the special Public book of (associations) that is observed in the Court of first instance of his seat. In order to recommended association it is demanded 20 at least persons, from the provision of article of 83 CCP, it is fixed that the association acquires personality from the moment where it is written in the book. Registration is becoming final as soon as the Court orders the decision. The above provisions insofar as they are not modified, they are also in effect for the athletic associations and their unions, that are not conditioned more by athletic law 2725/1999, as this continues being in effect. More specifically, according to the provision of paragraph of 1 article of 19 law 2725/1999, the Federation is the highest organisation of athletic associations or athletic unions, that cultivate the same sport, it has aim the culture and their growth in all the country and functions according to the provisions of article of 78 CCP, at the paragraph of 2 same article, for each sport or sector of exercising is allowed the constitution one and only Federation for all the country, who represents the sport internationally, according to the being in effect regulations of familiar international athletic Federation and the International Olympic Committee (IOC), and her seat is fixed by her statute. Moreover, at the provision of article of 1 same law, athletic association is, at the provisions of article 78 of the CCP, union of individuals that has as main aim the systematic culture and the growth of possibilities of his athletes, for their attendance in athletic events, at the provisions of articles 8 and 28 the same law, the athletic Federation is eligible she asks the benefit of special athletic recognition , that is granted with decision the responsible for Sports Minister and it enjoys privileges and various subsidies. The above legislative regulation of recognition of one only overlying union or federation per sport or sector, it is imposed by reasons of public interest to reject of foundation of many federations for each sport or sector, thing which would involve confusion, dysfunction and hindrance of exercise by the responsible government owned organs of athletic policy, after the existing Federation is person in charge for the culture and growth the sport of her competence.
From the previous regulation it follows necessarily that, provided that in a sport has been recommended already a Federation, it is not allowed is recommended new other Federation from other associations that have or do not have been members in the first one, with object the culture of same sport. If after all will recommended a new second Federation, is provided the possibility in the first and already functioning Federation of asking, practising education, at articles 583, 586 and 773 the CCP, the cancellation of juridical decision that it recognized as second Federation of the same sport (SUPREME COURT 537/2005 "LAW").
In the case in question in Lamia, the athletic Federation with the name "International Federation of Pankration Athlima ", legally represented, it is sought a) the cancellation of final decision of this court with number 3509/2002 which was published at the process of volunteer jurisdiction and with which became acceptable the application for the recognition of Federation with the name "World Pangration Athlima Federation" (W.P.A.F.), that resides in Athens and is represented legally, for the reason that, the Federation Lamia has been recognized as the official athletic Federation, that represents the Pangration Athlima, with result the damage of her legal interests, in as far as, the offended decision was mistaken judging legal her recognition first Federation and consequently it is legitimately created in third confusion, with regard to who Federation is the official one and, b) The condemnation of the second federation to the juridical expense. With this income and demand the charge of admissible and responsible is imported for discussion in this court (articles 708, 586 and 588 CCP), and take in consideration that pacts and with that they were exposed in the more major thought, the denouncing Federation does not need she invokes deceit the initial suitors, at the special procedure of volunteer jurisdiction, is certain and legal, supported in the provisions that are reported in present as well as in the article the 176 CCP. Should, consequently, the charge which is to be discussed to be completely also searched as for essential base. From the statutory deposits of witnesses of proof and counter-evidence that was examined in the audience and is included in the proceeding with present, as well as from the estimate legally and with invocation by the two sides of existing documents, that were taken into consideration from their Court in total, as the suitors expose with their legal deeds, in combination with the oral process in the audience, were proved the following real incidents:
On 28 March 2002 and with number of deposit of legal deed 3110/2002 on application of recognition of the association to the Secretariat of One-member Court of Athens First Instance Court, that they deposited: Andreas Mazarakis, Panagiotis Kanellopoylos, Stelios Sfakianakis and Lazarus Savvidis, all legal representatives of Hellenic Pangration Athlima Federation as well as the legal representatives national federations of the member states Mexico, Spain, New Zealand, Iran, Russia, South Korea, Hungary, Australia, Italy, Singapore, Uruguay and Canada with their attribute as founding members and members of the new elected Administrative Council of the new World Federation in Greece and the city of Athens "WORLD PANGRATION ATHLIMA FEDERATION" (W.P.A.F.), they asked recognized I and it is written in the book that is observed in the court for this aim, under constitution association with seat Athens and with name "WORLD PANGRATION ATHLIMA FEDERATION" (W.P.A.F.) In the above application was published the decision of 3509/2002 One-member Court of first instance of Athens (process of volunteer jurisdiction), who accepted the application and recognized the athletic Federation (W.P.A.F.) and ordered it is written in the familiar book of recognized associations that it is observed in the court for this aim. Then, the approved with the above decision Statute, was registered with serial number 685 on 21.08.2002 in the familiar book of recognized associations of Court of first instance Athens (see with number 3509/2002 decision of One-member Court of first instance Athens as well as from 7.02.2006 with number of protocol 221 Certificate of Court of first instance Athens the department of companies and associations).
............................
The WORLD PANGRATION ATHLIMA FEDERATION (W.P.A.F.), have already organises World and Pan European Championships, with the attendance of tens of countries and hundreds of athletes, while her representatives participate in international congresses and events, that organise athletic institutions (see with number of protocol of 30.03.2002 the letter 27th Olympic Games the 3rd time of 5th month, the letter of Hellenic – American Olympic Council, the decision of General Secretary of Athleticism with number of protocol 14.10. 2002, with that is approved the passage of General Secretary of Federation Mr. Panagiotis Kanellopoulos and the member of Executive Committee of WORLD PANGRATION ATHLIMA FEDERATION of Mr. Lazarus Savvidis in Switzerland (Zurich), so that they take part in the meeting that organises by the AGFIS/GAISF at 22.10.2002, the letter - greeting of General Secretary of Sports for the first Paneuropean Championship of Pangration Athlima for Men and Women on 14 March 2004 that took place in Thassos, Greece, the document with number of protocol 5435 on 8 May of 2004 Municipality Thassos, that was communicated in the WORLD PANGRATION ATHLIMA FEDERATION, on the subject the submission for control of decision of Municipal Council Thassos with number 190/2003 with regard to the organisation of first Paneuropean Championship, the letter of Undersecretary of Sports to the Chairman and the Administrative Council of Federation in the 15.4.2005, for the occasion of invitation which to him they sent so that it assists in the Pan-Hellenic Championship, that will be carried out in the Olympic stage, in that it is reported among others that, the Hellenic and the WORLD PANGRATION ATHLIMA FEDERATION, are from the most active and active departments in the Greek sports and the support of Ministry of Sports is certainly given.
...................................
Further, the Hellenic Olympic Committee with her document on 24.9.2002 and with protocol 5668/RM/ma CERTIFIES that the WORLD PANGRATION ATHLIMA FEDERATION with seat Greece, is the unique institution which has aim the distribution, culture and growth of Pangration Athlima, so much inside the borders of Greece what in international level.
Moreover the Ministry of Culture (GENERAL SPORTS SECRETARY) with its document on 15 December 2005 and with number of protocol 59587, on the subject the recognition international and world Federations, that addresses to Mr. Panagiotis Koutroubas in answer of his letter on 29 November 2005 it reports that, " For each sport or sector of athletics is allowed the constitution of one and only Federation for all the country. The alone Federation that has been recognized by our service for the sport of Pangration Atlhlima is the Hellenic Pangration Athlima Federation (EOPA), that resides in Kifisias 37 -15123 -, in the Olympic Athletic Centre of Athens. According to Certification of Hellenic Olympic Committee the World Pangration Athlima Federation with seat Greece is the only one institution aiming at the distribution, culture and growth of Pangration Athlima in international and world level. The General Secretariat of Sports it does not recognize world and international federations and it has not supported economically and administratively brought as International Federation of Pankration Athlima contrary to the World Pangration Athlima Federation that it subsidised also so that it is carried out world congress aiming at the foundation and operation her.
............................
Moreover in the document of Ministry of Foreign Affairs (Address Educative and Cultural Affairs) with number of protocol 4636.41 AS/2170 se tjs 15 11. 2005 that is addressed to the Hellenic General Consul of Saint Paul’s and was communicated to the General Secretariat of Sports, on the subject the 2nd Panamerican 2nd World Championship in the city of Guarulos of the state of Saint Paul of Brazil, it is quoted that, after the telephone briefing by the General Secretariat of Sports, the alone recognized Federation of Pangration Athlima in Greece is the World Pangration Athlima Federation in which chairman is Mr. Andreas Mazarakis.
..............................
On the contrary, the second athletic Federation, in Lamia, it was recognized with the decision with number of 202/2002 of One-member Court of first instance Lamia (process of volunteer jurisdiction) and was written in the familiar books of recognized associations with number 54 in the 29 10. 2002, that is to say, in time later from the registration in the corresponding books of recognized associations of athletic Federation which it denounces (cf. with number 55 on 8 February 2000 Certificate the Secretary of Court of first instance Lamia),
................
The statement denouncing that the Statute was approved totally and was signed by the founding members on 17 April 1999, where was also organised her founding congress, as well as that it was signed by the chairman of Hellenic Federation Mr. Andreas Mazarakis and the General Secretary Mr. Panagiotis Kanellopoylos, that then participated actively in the foundation World Pangration Athlima Federation (W.P.A.F), it does not practise essential influence or in the legal relation of trial, datum that denouncing acquired legal personality, with base provisions of urban code what applying I and on athletic associations, from the registration in the familiar book of recognized associations the Court of first instance Lamia in the 29.10.2002 and not from the day of her conduct founding congress.
Further more the above congress it was carried out with the presence of local representatives, without however the attendance of any institution responsible for subjects of Sports of Ministry.
Moreover, is not brought no document, from that it results that denouncing enjoys the benefit of special athletic recognition, that is granted with decision responsible for Sports of minister as well as privileges and government owned economic subsidies from the general Secretariat of Sports.
Following, by no document it is not proved that the denouncing athletic Federation is recognized by the Olympic Committee, as well as that received approval from responsible Ministry for the organisation of championships, as it is forecasted by the being in effect athletic law.
........................................
Moreover, the World Champion of Pangration Athlima of 2003 and member of the official Greek National Team of H.P.A.F. report in his statement in the 31.1.2006 that, the official championships are organised by the Ministry of Sports and that it has been honoured by the Greek Minister of Athleticism Mr. Orfanos, among other Olympic champions, because the championships which was organised by Mr. Mazarakis and the WORLD PANGRATION ATHLIMA FEDERATION they were officially also recognized from the Greek government. However he participated in certain brought international event in 1999, which however were not official, because he had been deceived by Mr Kutrubas.
After the above, with base mentioned before, it involves that the recognition of charged Federation as athletic association, has as result the existence and operation in the sport of Pangration of two Federations, from that the one, at what exists the charge, it acquired legal personality in time previous, it enjoys the recognitions of responsible Ministry for Sports, under the monitoring and then application that it organises Paneuropean and World championships, while moreover it is subsidised by this for the conduct the above championships.
On the contrary, the denouncing Federation, except his that it acquired legal personality in time later from the Federation which it denounces, it did not accomplish it proves that it functions in collaboration with the responsible athletic institutions for the organisation of championships or that it receives economic government owned subsidies, as well as that it is found under the aegis responsible for subjects of Sports of ministry, so that is not created confusion from coexistence of 2 athletic federations, since so much from the Ministry of Culture (General Secretariat of Sports), as much as by the Hellenic Olympic Committee propensity it is recognized the charged Federation as the unique institution aiming at the distribution, culture and growth of Pangration Athlima in international and World level, that after all the General Secretariat of Sports supports finances and administratively.
After this it should is rejected the judged charge as unfounded in the substance and is condemned the denouncing Federation because her defeat in the juridical expense (article 176 CCP), as it is more specifically fixed in the mechanism.
FOR THESE REASONS
.............
It rejects the charge
It condemns the denouncing athletic Federation in the juridical expenses what it fixes in the sum of 430 Euros.
The JUDGE The SECRETARY