The persistence of memory: the Lechouritou case and history before the European Court of Justice.

Lyons, Carole

Abstract

This article comments on the European Court of Justice ruling in Lechouritou v Dimosio tis Omospondiakis Dimokratias tis Germanias (C-292/05) on whether actions for compensation brought against Germany for the massacre by its armed forces of Greek civilians during the Second World War were governed by the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968, which prevented a signatory state from claiming immunity for acts occurring during armed conflict. The author also reviews the position of other intervening Member States, criticises the judgment's failure to refer to human rights issues and suggests how the court might have responded to the action.

Citation

LYONS, C. 2007. The persistence of memory: the Lechouritou case and history before the European Court of Justice. European law review [online], 32(4), pages 563-581. Available from: https://uk.westlaw.com/Document/ICEF4F1304B7811DCAAF4FD2EF0A644D4/View/FullText.html

• Journal Article Type: Article
• Acceptance Date: Aug 31, 2007
• Online Publication Date: Aug 31, 2007
• Publication Date: Aug 31, 2007
• Deposit Date: Apr 29, 2024
• Publicly Available Date: Apr 29, 2024
• Journal: European law review
• Print ISSN: 0307-5400
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 32
• Issue: 4
• Pages: 563-581
• Keywords: European Union; Europe; Second World War; European law; European Court of Justice
• Public URL: https://rgu-repository.worktribe.com/output/1670372
• Publisher URL: https://uk.westlaw.com/Document/ICEF4F1304B7811DCAAF4FD2EF0A644D4/View/FullText.html