Major case win for Souriadakis Tsibris for SOTHEBY’s

15/11/2013 In October 2013, the Court of Appeals of Athens issued its decision on the dispute between Sotheby’s, one of the biggest global auction houses, and a Greek ship-owner – collector of works of art.

In the case, which had received much publicity in recent years, the collector had filed an action before the Athens Multi-Member Court of First Instance requesting the cancellation, on grounds of alleged fraud, of the sale made through the auction house of two paintings by the renown Greek painter Constantinos Parthenis and the payment of compensation for the losses purportedly suffered including moral damage. Souriadakis Tsibris acted for the auction house, which claimed primarily that the action should have been dismissed on the ground of lack of international jurisdiction of the Greek courts on the basis of an agreement between the parties, as well as denying vigorously any accusation of deception. While the Court of First Instance had deemed that the action was admissibly addressed for trial before it at least in relation to one of the paintings, the Court of Appeals ruled in favor of the auction house and accepted the position that the collector’s action should have been filed in England.