INTRODUCTION

OVERVIEW

Since the introduction of the Greek Civil Code (GCC), the Greek legislator has provided for State liability and liability of State servants or agencies, by including three articles (arts 104–106) in the Introductory Law of the GCC. A distinction is drawn between acts or omissions of a public character and those of a private character. In particular, art 104 provides that, for acts or omissions of State organs, which refer to private law legal relations or are related to its private property, the State is liable according to the provisions of the GCC concerning legal persons, ie according to art 61 ff GCC.

Article 105 of the Introductory Law of the GCC provides that the State is liable to pay damages for unlawful acts or omissions of its organs during the exercise of the public authority entrusted to them, unless the act or omission breached a provision in favour of the general interest. The culpable organ is jointly liable with the State, with the reservation of the special provisions for the liability of ministers.

The second sentence of art 105, which stipulates that the culpable organ is also jointly liable, has been tacitly amended by the Public Civil Servants’ Code.

According to art 106 of the Introductory Law of the GCC, the provision of arts 104 and 105 also apply to the liability of municipalities, communities or other legal persons of public law for acts or omissions of organs in their services. State liability in Greece, although regulated by the Introductory Law of the GCC, is administered by administrative courts and relevant legal writing is found in public law publications by specialists of Public Law.

HISTORICAL EVOLUTION

Until the promulgation of the Greek Civil Code in 1946, there was no legislative regulation of State liability in Greece. State liability gradually started to be recognised in relevant court decisions, mainly recognising liability in the case of a malicious act of a State employee. Therefore, it can be said that it was the influence of the Greek jurisprudence6 that led to the introduction of art 104 ff on State liability in the Introductory Law of the GCC in 1946, following the German model.