zur Frage der Vollstreckbarkeit von Titeln vs den GRI-Staat / Pablo Ros ElliottAcropolis

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Judicial decisions are subject to compulsory enforcement also against the Public
Sector, local government agencies and public law legal persons, as specified by
law.
In response, the Greek Legislature promulgated a series of laws that
ensured Greek compliance with the ECHR’s rulings. A 2001 constitutional amendment,
Article 94 Paragraph 4, ensured the recognition of court judgments by the state:
202
Greece’s 2001 Amendment confirmed the ECHR’s rulings and ensured that if an
individual could get a judgment in a Greek court against the Greek state, the judgment
                                               
199
Id. at 245.
200
Gadinis, supra note 153.
201
Id.
202
2001 Syntagma [SYN] [Constitution] 94 (Greece). available at
http://www.hri.org/docs/syntagma/artcl25.html.51
against the state could be enforced. The Greek Parliament in turn promulgated a statute to
detail the meaning of enforcement against the state in Article 94 Paragraph 1:
Law 3068/2002, Article 4 Paragraph 1: Enforcement of a claim against the Greek
States, the Local Government Organizations and the other government entities
governed by public law takes place through seizure of their private assets. It is
prohibited to enforce a ruling over assets that constitute claims of the Greek State
arising from public law, or claims of the Greek State over monetary or nonmonetary assets that have been specifically assigned to satisfy a special state
objective.
203
The Greek legislature certainly gave courts room to limit claims against the state through
their definitions of “private assets.” After the enactment of the law, Greek courts limited
the application of 3068/2002 by reducing the scope of “private assets.” Prof. Gadinis
explains that most of the case law centered on Local Government Organizations, for
example municipalities.
204
These decisions held that municipal fees associated with
municipal services such as street cleaning, garbage collection and lighting were not
private assets. Additionally, courts excluded certain municipal assets such as garbage
truck, municipal cranes, and buses from definition as “private assets.”
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The reduction of
creditor rights and individual attachment possibilities against the state in these decisions
seems to comport with the general and progressive diminution of creditor rights by courts
in the United States and United Kingdom.