Questione giuridica chiave
Whether the State of Geneva incurred liability for the prolonged seizure of assets during the criminal investigation.
Decisione estratta
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.
Motivazione estratta
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.