Supreme Court - 1272 / 2010

Illegal excavation and illicit trafficking of antiquities valued more than 150.000 Euro are considered as crime in felony degree

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Supreme Court - 1525/2008

Immovable antiquities found on private property. Calculation of the amount of ompensation . Based on law 5351/1932

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Supreme Court - 1404/2008

Destruction of antiquities. Definition of antiquities according to law 5351/32. Rightful Penal implementation of penal regulations. Rejection of the Νotice of Αppeal for court decision No. 1212/2006 by Court of Appeal of Thrace.

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Supreme Court - 1551/2007

Illegal possession of antiquities – elements of theft and not of embezzlement. Decisions 714, 716A, 717, 818/2005 and 99/2006 of the Piraeus Criminal Court of Appeals were overturned.

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Supreme Court - 728/2007

Illegal disposal of antiquities - non-declaration of possession of antiquities - illegal trade of antiquities. Rejection of the Νotice of Αppeal for court decision 8873/2005 (Criminal Court of Appeals).

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Supreme court – 503/2007

Prison sentence for embezzlement - illegal possession of antiquities Rejection of the Notice of Appeal for court decision 64/2005 of the Criminal Court of Appeal - Ioannina .

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Supreme Court - 473/2007

The employment contract of an archaeologist who was employed by a private construction company in order to conduct excavations for a public construction project is considered as a timely limited employment contract even if the contract does not state so explicitly.

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Supreme Court - 50 and 51/2007

Compensation of the owner for a property on which antiquities where found. The local Council of Monuments (Ministry of Culture) decided that the remains should be preserved, depriving the owner of his right to use the basement of the building for parking. The Court ruled that the owner of the property has a right to compensation as follows: a) the value of the basement, calculated on the basis of the maximum value of similar properties in the region, increased by 10%. b) the expenses the owner incurred for the exploratory excavation. c) the reduction in the value of the property due to the restriction of its use. The ruling was based on law 5351/1932 (art. 8,9 41,42) that was the valid law before new law 3028/2002 came into effect.

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Supreme Court - 104/2006

Embezzlement of portable antiquities of particular value. Non declaration of possession of antiquities and illegal trade. The reasoning of court decision 4299/2004 regarding the accusation of illegal trade was insufficient as it mentions only negotiations for selling. There has been no proof of a concrete agreement. Court decision 4299/2004 of the Criminal Appeal Court of Athens was overturned.

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Supreme Court - 895 / 2006

Construction works close to an archaeological site without obtaining the necessary permission. Violation of Article 50, Law 5351/1932. The Court of Appeals does not date the antiquities in its decision. It does not mention if they are dated before 1453 in order to be legally classified as antiquities (according to the old law 5351/32). Court decision 167/2005 of the Criminal Court Appeals of Thrace was overturned due to insufficient reasoning.

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Supreme Court - 1406/2006

Expropriation of real estate in order to conservation antiquities. An earlier decision of the central archeological council in favor of the expropriation is enough if the facts leading to this decision have not changed. Court Decision 6366/2003 of the Athens Courts of Appeal was allowed to stand.

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Supreme Court 1566/2005

The opinion of a member of the Central Archaeological Council according to which the accuser did not proceed with the construction work in his property because he did not want to obey the imposed building restrictions and thus had no interest in protecting the antiquities, state the elements of a calumnious defamation or insult. The Notice of Appeal against decree no. 441/2003 issued by the Council of Court of Appeals is rejected.

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Supreme Court - 1539/2005

Robbery at the museum of ancient Corinth. The ruling no. 96-97/2004 of the Penal Court of Appeals of Navplio is sufficiently reasoned. Court decision 96-97/2007 was allowed to stand.

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Supreme Court 1454/2005

Embezzlement of antiquities belonging to the state. Notice of appeal against a condemnatory decree issued by the Council of Court of Appeals is not admissible. The Notice of Appeal against decree No. 995/2003 issued by the Council of Court of Appeal is rejected.

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Supreme Court - 2221/2004

Quarry works without the required permission of the Ministry of Culture close to the designated archaeological site of “Merenda” in Markopoulo, Attica. Overthrowing of the condemnatory court decision 18402/2003 of the Athens Criminal Court of Appeals. The condemnatory court decision failed to a) mention the number of the ministerial decision designated “Merenda” as an archaeological site and b) specify the exact location of the quarry works.

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Supreme Court - 1933/2004

Construction of a building on a property that is located in an area classified a protected historic settlement. Violation of art. 50 par. 2 and 3 of law 5351/1932. The relevant archaeological service was not informed about the works, so that they were conducted without the supervision of an archaeologist. The works were not stopped although antiquities were found. Part of an ancient wall destroyed. Rejection of the notice of appeal against court decision 305/2003 of the criminal Court of Appeal, Lamia.

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Supreme Court – 1930/2004

Works on a property located close to an archaeological site and within a designated protection zone A’. The works can indirectly damage the antiquities. Violation of article 50 of law 5351/32. Rejection of the notice of Appeal against court decision 336/2002 of the Criminal Court of Amfissa.

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Supreme court 1891/2004

Destruction of a grave tomb by cultivation of cotton within a designated archaeological site in spite of the prohibition by the archaeological service. Violation of article 49 of Law 5351/1932. The court decision 1134/2003 of the Criminal Court of Appeals of Xanthi was allowed to stand.

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Supreme Court - 1813/2004

Non declaration of antiquities – classification as antiquities. The statement that “the objects are dated at the beginning of the 20th century” is not sufficient for classifying them as antiquities. The court decision of the Athens Court of Appeals 43691/2003 was overturned.

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Supreme Court – 1522/2004

Embezzlement against the state and attempt to sell antiquities of particular value. Imported antiquities that are not declared according to law are considered as state property. Rejection of the notice of appeal against court decision 400-401/2003.

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Supreme Court - 825/2004

The regular building permission issued by the building control authority is not required for the construction of greenhouses. If the greenhouses are located within a designated archaeological site, a permission by the Ministry of Culture is imperative. The court decision 35/2002 of the Court of Appeals of Lamia is allowed to stand

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