New insurance compensation for damages from incidents

By Ioanna Mandrou

Additional compensations to an insurance company for the damages caused the night Alexandros Grigoropoulos was murdered will be paid by the public, after relevant (four times) decisions of the Council of State.

The supreme court has awarded an amount of 1,562,600 euros plus statutory interest to an insurance company, which had brought an action, seeking the money it paid to shop owners who had suffered damages from the protracted incidents that occurred on December 7, 2008.

The Council of State had already awarded compensation for the damages to shopkeepers in the area from the incidents in the amount of 1,800,000 euros and more.

In the present case, the insurance company had lost the trials in the first and second degree on the grounds that “the violent episodes of that night and their damaging consequences are an event that could not have been prevented with extreme diligence”.

Consequently, it was decided by the Administrative Appeals that “there is no public liability for illegal omissions of its (police) bodies and no liability for compensation is established”.

However, the Council of State, the 1st Section of the Council of State (president, vice-president Marina Konstantinidou, and rapporteur, Councilor of State Chariklia Charalambidou), overturned four decisions of the Administrative Appeals Courts, supported the compensation of the insurance company and companies, pointing out in its decisions that ” it does not appear the way the police acted during the violent incidents and, in particular, no specific actions are mentioned that they took in order to stop the attacks against citizens’ property, nor does it appear that even some of the perpetrators who committed arson and destruction were arrested, given that in the appeal decisions the perpetrators are referred to as “unknown”.

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