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Document C2007/082/09

Case C-292/05: Judgment of the Court (Second Chamber) of 15 February 2007 (reference for a preliminary ruling from the Efetio Patron — Greece) — I. Lechouritou, V. Karkoulias, G. Pavlopoulos, P. Bratsikas, D. Sotiropoulos, G. Dimopoulos v Dimosio tis Omospondiakis Dimokratias tis Germanias (Brussels Convention — First sentence of the first paragraph of Article 1 — Scope — Civil and commercial matters — Meaning — Action for compensation brought in a Contracting State, by the successors of the victims of war massacres, against another Contracting State on account of acts perpetrated by its armed forces)

IO C 82, 14.4.2007, p. 5–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

14.4.2007   

EN

Official Journal of the European Union

C 82/5


Judgment of the Court (Second Chamber) of 15 February 2007 (reference for a preliminary ruling from the Efetio Patron — Greece) — I. Lechouritou, V. Karkoulias, G. Pavlopoulos, P. Bratsikas, D. Sotiropoulos, G. Dimopoulos v Dimosio tis Omospondiakis Dimokratias tis Germanias

(Case C-292/05) (1)

(Brussels Convention - First sentence of the first paragraph of Article 1 - Scope - Civil and commercial matters - Meaning - Action for compensation brought in a Contracting State, by the successors of the victims of war massacres, against another Contracting State on account of acts perpetrated by its armed forces)

(2007/C 82/09)

Language of the case: Greek

Referring court

Efetio Patron

Parties to the main proceedings

Plaintiffs: I. Lechouritou, V. Karkoulias, G. Pavlopoulos, P. Bratsikas, D. Sotiropoulos, G. Dimopoulos

Defendant: Dimosio tis Omospondiakis Dimokratias tis Germanias

Re:

Reference for a preliminary ruling — Efetio Patron — Interpretation of Article 1 of the Brussels Convention — Scope of the Convention — Action brought by the victims of a war massacre against a Contracting State as being liable for the acts of its armed forces in wartime

Operative part of the judgment

On a proper construction of the first sentence of the first paragraph of Article 1 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic and by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic, ‘civil matters ’within the meaning of that provision does not cover a legal action brought by natural persons in a Contracting State against another Contracting State for compensation in respect of the loss or damage suffered by the successors of the victims of acts perpetrated by armed forces in the course of warfare in the territory of the first State.


(1)  OJ C 243, 1.10.2005.


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