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.”