KONSTAS v. GREECE JUDGMENT 3 deliberate and planned embezzlement of eight million euros for the benefit of those involved, to the detriment of Panteion University”. 16. On 12 February 2008, addressing the opposition in Parliament, the Minister of Justice said: “Remember the Panteion scandal. The Greek courts boldly and resolutely convicted all those you were protecting all this time.” 17. According to the case file, the case is still pending before the Athens Court of Appeal. Judgment no. 2444/2007 of the Athens Assize Court was finalised on 4 November 2009. ... II. RELEVANT DOMESTIC LAW 18. The relevant Articles of the Civil Code read as follows: Article 57 “Any person whose personal rights are unlawfully infringed shall be entitled to bring proceedings to enforce cessation of the infringement and restraint of any future infringement. Where the personal rights infringed are those of a deceased person, the right to bring proceedings shall be vested in his spouse, descendants, ascendants, brothers, sisters and testamentary beneficiaries. In addition, claims for damages in accordance with the provisions relating to unlawful acts shall not be excluded.” Article 59 “In the cases provided for in the two preceding Articles, the court may, in the judgment it gives on the application of the person whose right has been infringed, and regard being had to the nature of the infringement, also order the infringer to make reparation for the plaintiff’s non-pecuniary damage. Such reparation shall consist in the payment of a sum of money, publication of the court’s decision and any other measure appropriate in the circumstances of the case.” 19. Sections 104 and 105 of the Introductory Law to the Civil Code read as follows: Section 104 “The State shall be liable, in accordance with the provisions of the Civil Code concerning legal persons, for acts or omissions of its organs regarding private-law relations or State assets.” Section 105 “The State shall be under a duty to make good any damage caused by the unlawful acts or omissions of its organs in the exercise of public authority, except where the unlawful act or omission is in breach of an existing provision but is intended to serve the public interest. The person responsible shall be jointly and severally liable, without prejudice to the special provisions on ministerial responsibility.”

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