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.
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.
Parliament recently passed a law modernising environmental legislation and harmonising Greek law with EU Directives 2018/844 and 2019/692. The law contains new legislative measures which will significantly amend, standardise and simplify the current licensing procedure for renewable energy power plants – particularly the procedure for obtaining a renewable energy source production licence and an environmental approval.
Trading in pirated and counterfeit goods is widespread in many countries, including Greece. As such, the Trademark Law and the Copyright Law set out significant penalties (eg, long-term imprisonment) and high fines for anyone using, exploiting, putting on the market, selling, distributing or possessing with the intent to distribute to the public products that infringe the trademarks or copyrights of third parties.
Greece recently adopted its first National Plan for Energy and Climate, which regulates all energy sectors. The plan defines Greece's energy and climate targets up until 2030, as well as priority policies and implementation measures which should help to both develop and reform the energy sector by 2050. The plan will also facilitate the shaping of the country's energy and climate strategy for the years 2030 to 2050.
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.
Under the new law on the liberalisation of the energy market, the Public Natural Gas Company (DEPA) will be spun off into three distinct undertakings: DEPA Infrastructure, DEPA Commercial and DEPA International Projects. The privatisation tender is organised by the Hellenic Republic Asset Development Fund. Parties intending to participate in the tender are requested to meet various legal, financial and technical requirements.
Law 4643/2019 on the liberalisation of the Greek energy market, the modernisation of the Public Power Corporation, the privatisation of the Public Natural Gas Company and the support of the renewable energy sector was recently published in the Official Journal. The new legal provisions aim, among other things, to facilitate and expedite the licensing procedure for numerous power production applications already pending before the Regulatory Energy Agency.
Under the new law on the liberalisation of the energy market, the Public Natural Gas Company (DEPA) will be spun off into three distinct undertakings, two of which will be completely privatised. This transformation will significantly alter DEPA's unbundling and privatisation scheme, which was adopted in March 2019 (ie, before the elections and respective reconfigurations in Parliament and government).
The renewable energy sources (RES) sector of the Greek energy market is undergoing continuous and significant reform. Among other changes, the Hellenic Energy Exchange has commenced operations, RES producers now participate in the day-ahead market and the Greek islands' renewables sector has been expanded.
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).
The minister of environment and energy recently amended the competitive procedures for determining operating state aid granted as feed-in premiums for 2019 and 2020. Further, the latest competitive procedures resulted in significant price reductions for photovoltaic (PV) and wind projects. However, owners of small PV plants have claimed that they have been disadvantaged by the merging of all PV plant categories into one.
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.
In April and May 2019 solar and wind renewable energy systems producers will compete for the first time for operating state aid and a place in the Greek energy market in a joint competitive tender procedure organised by the Energy Regulatory Authority. Despite certain doubts, the market signs indicate that a significant number of players and capacities plan to participate in the upcoming joint competition.
A draft law on the further unbundling and privatisation of the public natural gas company DEPA was recently submitted to Parliament. The draft law proposes that DEPA be divided into two companies: DEPA Infrastructure and DEPA Trade. The main opposition to the draft law centres on the fact that the state will retain a 14% stake in DEPA Trade, which some have argued will allow the state to retain too much control and potentially veto strategic policy issues.
Under Article 897 of the Code of Civil Procedure, an arbitral award can be annulled in whole or in part by a decision from the competent national court only if it is contrary to, among other things, public order provisions or bonos mores. Examples of public order provisions that would justify the annulment of an arbitral award include jus cogens rules which have been enacted in order to protect the public interest.
The second regular wind and photovoltaic (PV) state aid auction held in December 2018 resulted in the award of all of the capacities for two of the three categories of renewable energy system project, a significant (up to 26%) reduction in the reference prices compared with the initial reference prices and the cancellation of the auction for large PV projects by the Regulatory Energy Authority due to insufficient competition.