Entries by kpapastergiou

New Act 5016/2023 consolidates arbitration as an equal dispute resolution mechanism and upgrades Greece into an attractive forum for international arbitrations, further contributing to the attraction of foreign investments

The central axis of the new regulations remains the basic principle of arbitration upholding the autonomy of the parties, which is already excluded from article 1 of the Act where its purpose is defined and pervades all the provisions.The most important of the new provisions are those concerning the expansion of the arbitrability of disputes, […]

Single Member Court of First Instance of Athens 2816/2022: The copyright holder of a computer program cannot object to the resale of a copy of it

Protection of intellectual property regarding computer programs; the fee paid for the granting of a license to use a computer program, distributed to general or specialized professionals, is the consideration, which the beneficiary claims from the end users; The copyright holder of the intellectual property right on a PC program cannot oppose to the resale […]

Amendment of Art. 20 of Act 4251/2014 (Golden Visa)

Citizens of third countries may complete their investment in one or more pieces of property in the areas of paragraph a, subpar. 2 of paragraph B of article 20 of Act 4251/2014, until December 31, 2023, with a minimum investment value of two hundred and fifty thousand (250,000) euros, subject to an advance payment of […]

ECtHR Georgiou v. Greece (57378/18), judgment of 14/03/2023: Areopagus’ failure to examine applicant’s request to seek a preliminary ruling from the Court of Justice constitutes a violation of the ECHR

The appeal concerned a request to the Supreme Court for a preliminary ruling from the Court of Justice of the European Union (CJEU) submitted by the applicant in criminal proceedings against him and the alleged absence of any reasoning by the Supreme Court which implicitly rejected this request.The applicant argued that, despite the relevant jurisprudence […]

Single Member Court of First Instance of Piraeus 170/2023: Abusiveness of term on the adjustment of the power supply contract price

Consumer protection; abusiveness of a clause on price adjustment based on the System Limit Price (OTS); for the validity of power charge adjustment clauses, the contract should clearly and manifestly state the reason and modus of change in the cost of the service provided, so that the consumer can predict, based on clear and understandable […]

Single Member Court of First Instance of Volos 45/2022: Impact of the COVID-19 restrictive measures to commercial real estate leasing agreements. The claim for a rent reduction in addition to the one provided by law is not unlawful, when the lease agreement continues to be excessively burdensome for the lessee.

Impact of the covid-19 pandemic on lease contracts. Unexpected change in conditions. Rent adjustment claim based on articles 388 and 288 of the Civil Code. On the grounds of article 288 of the Civil Code, when special circumstances occur, the insistence on the fulfillment of the provision is contrary to the straightforwardness and honesty imposed […]

Single Member Court of First Instance of Agrinio 193/2018: Dismisses motion to apply arbitral award of foreign country which accepts payment of debt in Bitcoin, on the grounds of being contradictory to the Greek legal order. Upholds that Bitcoin is no currency.

Motion for recognition of a foreign arbitral award in Greece. Mandatory Form of Arbitration Agreement. Concept of electronic documents. New York Convention of 10.6.1958 on the recognition of foreign arbitral awards. Reasons for dismissing the application. Contrasting the content of the foreign decision with public policy. Bitcoin. It is not a currency. The inflow of […]

Single Member Court of Appeals of Pereaus 191/2022: The a. 23a Law 2190/1920 prohibits the provision of a guarantee by the SA in favor of the persons referred to in said provision and not the other way around

SA transactions with related parties; the provision of article 23a of Law 2190/1920 prohibits the provision of a guarantee by the anonymous company in favor of the persons referred to in said provision and not vice versa, i.e. the provision of a guarantee by these persons in favor of the anonymous company, while the underlying […]

The draft law on the corporate governance of public limited companies is on public consultation

The draft law of the Minister of Finance entitled: “Corporate governance of Public Limited Companies and other subsidiaries of the Hellenic Holdings and Property Company, management of public holdings in limited companies and arrangements for the Hellenic Holdings and Property Company, evaluation of the solvency and creditworthiness of natural and legal persons vis-à-vis the State […]

Court of First Instance of Lamia 126/2022: If the guarantor has waived the objection of lien, he does not have the right to refuse payment until enforcement is fruitless

Objection to a payment order; default by the objector; if the objector does not properly take part in the trial, the Court hears the case without him and rejects the objection. Independent additional intervention; a decisive criterion for the characterization of additional intervention as independent is the extension of the validity of the decision, i.e. […]