Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State

Greece

Themes

Type of document

Jurisprudence

Permanent link to the contribution

http://www.cahdidatabases.coe.int/C/Immunities/Greece/2002/463

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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/2002

Prefecture of Boeteia v. The Fed. Rep. of Germany, judgment 302/2002

Author(ity)

Supreme Court (Areios Pagos) Chamber

Date of the decision, of the judgment

01/01/2002

Points of law

The Chamber of the Supreme Court having doubts as to whether prior consent of the Minister of Justice is necessary to initiate enforcement proceedings against a foreign State, decided to refer the case to the Plenary of the Supreme Court (Areios Pagos).

Summary of the case

As stated above, the Chamber of the Supreme Court had doubts as to whether prior consent of the Minister of Justice, which is necessary according to article 923 of the Greek Code of Civil Procedure to start enforcement proceedings against a foreign state, is contrary to article 6 par. 1 of the European Convention on Human Rights and articles 2 par. 3 as well as 14 of the International Covenant on Civil and Political Rights. It therefore decided to refer the case to the Plenary of the Supreme Court (Areios Pagos).