Points of law

Verbal note from the Federal Government of Germany to the embassy of the Republic of Greece concerning Greek Court decisions dealing with claims for compensation against Germany in connection with the German occupation during World War II.

In the verbal note the Federal Foreign Office explained the German position on State immunity.

Specific provision(s) of the document

Translation of Verbal Note (excerpt):

"Proceedings before Greek courts concerning claims of Greek citizens against the Federal Republic of Germany based on incidents in World War II are not consistent with international law, and therefore any action before Greek Courts against the Federal Republic of Germany is inadmissible. The basic principle of state immunity in international law hinders any conduct of a case before the courts of one state as far as the proceeding is directed against a foreign state in relation to that state’s sovereign action (acta iure imperii).

[…]

Furthermore according to international law the direction of individual claims for compensation of material and immaterial damages against another state based on that state’s belligerent conduct is impermissible."

Sources

Grote, Völkerrechtliche Praxis der Bundesrepublik Deutschland 1995, III, 18 (www.virtual-institute.de/de/prax1995/praxb95_.cfm);

Röben, Völkerrechtliche Praxis der Bundesrepublik Deutschland 1996, III, 18 (www.virtual-institute.de/de/prax1996/pr96_.cfm)

Additional information (explanations, notes, etc.)

In an answer to a parliamentary question concerning the compensation of Greek victims of the Nazi-Regime the Federal Government in 1997 inter alia referred to the relevant verbal note.