Kernrechtsfrage
Whether the State of Geneva incurred liability for the prolonged seizure of assets during the criminal investigation.
Extrahierter Entscheid
No actionable unlawful act by the magistrates was established; the spouses had also failed to challenge the seizure decisions through available remedies, so state liability could not be revisited in damages proceedings.
Extrahierte Begründung
A judge is liable only for violating an essential duty. Decisions left unappealed, when a remedy capable of obtaining release was available, cannot later be attacked again in a liability action.