{"id":7183,"date":"2026-09-14T10:48:28","date_gmt":"2026-09-14T07:48:28","guid":{"rendered":"https:\/\/kremalis.com\/?p=7183"},"modified":"2026-09-14T10:48:28","modified_gmt":"2026-09-14T07:48:28","slug":"greek-council-of-state-restores-route-to-compensation-for-judicial-error","status":"publish","type":"post","link":"https:\/\/kremalis.com\/el\/greek-council-of-state-restores-route-to-compensation-for-judicial-error\/","title":{"rendered":"Greek Council of State restores route to compensation for judicial error"},"content":{"rendered":"

How the legal framework developed<\/strong><\/p>\n

In judgment 1501\/2014, the Plenary of the Council of State held that Article 4(5) of the Greek Constitution may require the State to compensate individuals for damage caused by its bodies, including the courts. Recognising the independence and special nature of the judicial function, however, it set a strict threshold: until specific legislation was adopted, compensation could be awarded under Article 105 of the Introductory Law to the Civil Code, applied by analogy, only for a \u201cmanifest error\u201d<\/strong>.<\/p>\n

 <\/p>\n

The 2021 reversal and the Strasbourg ruling<\/strong><\/p>\n

That route was closed by judgment 800\/2021. The Plenary ruled that, in the absence of legislation defining the conditions for compensation and the competent court, claims for damage caused by judicial acts could not be heard by the Greek courts.<\/p>\n

In Zouboulidis v. <\/em>Greece (No. 3)<\/em>, decided on 4 June 2024, the European Court of Human Rights found that this approach violated Article 6(1) of the European Convention on Human Rights. The applicant had been left, for an indefinite period, without access to a court able to determine his compensation claim.<\/p>\n

 <\/p>\n

What judgment 1279\/2026 changes<\/strong><\/p>\n

Acting on the Strasbourg judgment, the Plenary reopened the domestic proceedings and set aside judgment 800\/2021. Judgment 1279\/2026 restores the approach adopted in 2014: compensation claims arising from judicial acts may be examined by the administrative courts under Article 4(5) of the Constitution and Article 105 of the Introductory Law to the Civil Code.<\/p>\n

A high threshold remains:<\/span><\/h2>\n

The restored remedy remains narrow. State liability does not arise from every incorrect judicial decision; the national court must find a \u201cmanifest error\u201d<\/strong>, assessed in light of the particular circumstances.<\/p>\n

The Plenary also drew a clear distinction between the two legal tests. An ECHR finding that a domestic court took an \u201cexcessively formalistic\u201d approach does not automatically establish a manifest error for the purposes of State liability under Greek law.<\/p>\n

On the facts, the Plenary rejected the compensation claim. Although the underlying judicial decision contained an error, the error was not sufficiently serious to satisfy the manifest-error threshold under Article 105.<\/p>\n

 <\/p>\n

Practical significance and key takeaway<\/strong><\/p>\n

The decision restores an effective judicial avenue for individuals seeking compensation for damage caused by judicial acts and aligns the domestic framework with the ECHR\u2019s access-to-court ruling. At the same time, the strict manifest-error test continues to protect the independence and particular character of the judicial function.<\/p>\n

In a nutshell, compensation claims for judicial acts are once again admissible before the competent Greek courts, but claimants must prove a manifest, not merely arguable, judicial error.<\/p>","protected":false},"excerpt":{"rendered":"

How the legal framework developed In judgment 1501\/2014, the Plenary of the Council of State held that Article 4(5) of the Greek Constitution may require the State to compensate individuals for damage caused by its bodies, including the courts. Recognising the independence and special nature of the judicial function, however, it set a strict threshold:… <\/p>\n

<\/div>\n

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