The Code of Civil Procedure sets out a number of conditions that must be met in order for a foreign arbitral award to be recognised and enforced in Greece. The conditions that applicants must satisfy in this regard are in line with the New York Convention, to which Greece is a signatory. This article provides comprehensive guidance on the recognition and enforcement process's requirements.
An important consideration before doing business in Greece is choosing the most suitable corporate entity. However, there are several other key elements to consider. A one-stop service is available (with limitations) for the incorporation of all company types, provided that they use basic (ie, template) articles of association; however, there are no 'off-the-shelf' companies in Greece. This article outlines the basic types of Greek corporate entity (excluding maritime entities).
In 2020 the Regulatory Authority for Energy issued Decision 1426/2020 – the guarantees manual for the Electricity Transmission System Operation Code. According to Section 11.3 of the code, all persons which are registered in the Electricity Transmission System Operator Register must provide sufficient guarantees throughout the duration of the power transmission operator transactions contract for the fulfilment of their obligations under said contract.
In December 2020 a new ministerial decision was published which, among other things, amended the ministerial decision concerning the determination of a special framework of priority for the granting of permanent connection offers to renewable energy source and high-efficiency cogeneration of heat and power plants by the electricity network operator. This new legislative tool is orientated towards the fast evaluation of pending applications and the simplification of the relevant procedure as a whole.
In October 2020 Law 4736/2020 concerning the reduction of the impact of certain plastic products on the environment was published in the Official Gazette. According to Article 20 of the law, a new article has been added to Law 4416/2016 regarding the declaration of readiness for the connection of renewable energy source stations to the distribution network or transmission system.
The Regulatory Authority for Energy recently announced the commencement of the competitive procedure for determining the reference price for renewable energy source project operational support. This new cycle was launched by Decision 1648/2020 on a joint competitive bidding procedure for the selection of the photovoltaic and wind plants which will be included in the operation support scheme. Applications to participate in the auctions may be submitted until 22 March 2021.
The Ministry of Environment and Energy recently issued a decision on the formation of a working group which will prepare a proposal for the ministry on adopting the legal framework for the development and participation of electricity storage units in the electricity markets and the capacity mechanism. The decision appointed the working group members and provided that they may invite others to participate or provide an opinion.
The overlapping of construction activities is a project management technique which helps a project to be completed as quickly as possible. However, it inherently leads to increased risk and can jeopardise the insurance cover in place. In a recent case, the Greek courts found that the multiple damages which one constructor had caused to another's works were not sudden and unforeseen and did not qualify as one event.
Few industries have been as fiercely affected by the COVID-19 pandemic as travel and hospitality. Even when hotels are allowed to operate, mass cancellations have, until now, shattered hoteliers' hopes for recovery. Greece boasts a large hospitality infrastructure. Although only 28% of hotels seem to have adequate property insurance, an increasing number of resorts and properties owned or operated by risk-aware companies are purchasing select cover designed specifically for the sector.
Contract works policies contain exclusion clauses relating to the cost of rectifying defects in design, materials and workmanship, which offer rich grounds for disputes between underwriters and insureds. In a recent case, the Athenian civil courts had to decide whether the plaintiff was entitled to recover from its insurer part of the costs that it had incurred as a result of defective material being used in an underground communication construction project.
By a majority two-to-one vote, the Athens Court of Appeal has found that an insurer's refusal to provide health insurance to a homosexual and histrionic man did not amount to illegal discrimination based on sexual orientation or infringe the plaintiff's personality rights. The dissenting opinion, which provided a detailed analysis of the non-discrimination principle, makes a statement about the universal principal of equality between individuals which, despite its age, appears to be more acute than ever.
The Athens First Instance Court recently heard a case involving a law firm which sought to be indemnified from its professional indemnity underwriter. The policy covered a lawyer's professional liability while providing services within Greece and under Greek law. The insured claimed that he was entitled to indemnity not because the policy provided such cover, but rather because, among other things, he had requested such cover and the insurer had failed to include it in the policy.
In March 2020 Greece adopted a new Trademark Law in order to implement the EU Trademarks Directive into Greek law. By virtue of this new law, the Greek trademark regime is now largely similar to that of the European Union. The new Greek Trademark Law essentially follows EU Trademark Regulation (2017/1001), rendering the Greek legal system more familiar and friendly to foreign entities, many of which are already acquainted with the EU framework.
In copyright infringement cases, rights holders can claim both pecuniary and moral damages. According to Article 65(2) of Law 2121/1993 on Copyright, Related Rights and Cultural Matters, where an infringement was intentional or the result of negligence, the amount of damages (ie, compensation) cannot be lower than twice the remuneration that the infringer should have paid – under normal circumstances – for the legitimate acquisition of the relevant exploitation rights.
Defence strategies in copyright cases are, in principle, based on one of a number of grounds, including an objection as to whether a particular work falls under the protection of Law 2121/1993 on Copyright, Related Rights and Cultural Matters. For example, if a journalist sues a third party for copyright infringement, the defendant might claim that the journalist's work does not meet the criterion of originality if it contains only mere or actual information without any element of the author's personal contribution.
Greek copyright law does not provide for a fair use or fair dealing defence. Nevertheless, Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) contains an exhaustive list of specific statutory exceptions and limitations on authors' economic rights. A copyrightable work can be legally used without prior authorisation or payment if said use is covered by a specific exception or limitation stipulated by the Copyright Law and all legal requirements provided thereunder are met.
To constitute an original work of intellectual property and thus be protectable under the Copyright Law, a journalistic work must contain an element of individuality and personal contribution, particularly with regard to the selection, composition, elaboration and adaptation of its content. The form in which a journalistic work is presented to the public may also classify it under the protective category of a literary, audiovisual or photographic work if said form is a text, video or image.