Prefecture of Voiotia v. Federal Republic of Germany. Case No. 11/2000. Areios Pagos (Hellenic Supreme Court), May 4, 2000

Historically, Greek courts were among the first to embrace what came to be known as the restrictive theory of sovereign immunity.' In deciding to deny immunity to Germany for acts jure imperi in breach of jus cogens obligations, and thus to uphold the Leivadia district court (Polymeles Protodikeio Leivadias) decision to the same effect, Areios Pagos (Hellenic Supreme Court) may have followed a well-established tradition of innovation, perhaps actively contributing to the consolidation of an emerging rule of customary international law. The case of Prefecture of Voiotia v. Federal Republic of Germany arose from the petition on cassation" brought by Germany against the default judgment of the district court, which awarded damages of nearly 9.5 billion drachmas (approximately $30 million) as indemnity for atroc-ities, including willful murder and destruction of private property, committed by the German occupation forces in the village of Distomo on June 10, 1944.