Hellenic Supreme Court (Areios Pagos) rejects Dutch EAW against Greek businessman

 

In a much noted decision of 28.11.2016 Areios Pagos (Greece’s Supreme Court) rejected a Dutch European Arrest Warrant against a well known Greek shipowner and businessman on charges of fraudulent bankruptcy.

The businessman is being prosecuted in the Netherlands for forgery, failure to provide information to the liquidator and fraudulent bankruptcy in connection with the acquisition of a Dutch company and various unfulfilled projects in Greece.

Areios Pagos turned down the extradition request for lack of dual criminality due to the prescription of the alleged fraudulent bankruptcy under Greek law. The Court of Appeal Athens sitting as a first instance court had already dismissed the EAW with respect to the other two offences for lack of dual criminality.

Ilias Anagnostopoulos and Jerina Zapanti advised and represented the Greek businessman throughout the extradition proceedings.