INDICATIVE CASES

* NB: The court judgments given for the respective cases as well as references to the legal publications where these judgments have been published may be found in brackets. *‘GCC’: Greek Civil Code , ‘np’: not published

  • Contract for the sale of the right to transfer the plot ratio to co-owners of the land / Assignment of the right to receive consideration to a third party / Action by the assignee against the owners of the land, who had been represented by a contractor for the purposes of the sale agreement pursuant to a contractor preliminary agreement, and the contractor’s rights were later revoked (MPrThess 10183/2015; AP 1285/2017 EfAD 2017.918).
  • Sale contract /Sale en masse or as a collection of items (marble slabs) / A claim would be vague if it failed to specify whether all the purchased goods were sold en masse or as a collection of items and whether the faulty goods could not be separated from the rest without causing loss to either of the contracting parties (MPrThess 3147/2016 EfAD 2016.261).
  • Contracts for the International Sale of Goods / Vienna Convention on Contracts for the International Sale of Goods (MPrThess 9037/2015 np; EirThess 610/2013 np).
  • Lease/ Action to evict without termination of the contract (66 EisNKPolD) and action for payment of rent and utilities for the use of the leased property / Admission of joint and several liability between the lessee and a third party legal person, with which the lessee traded using the same place of business and telephone number, due to the existence of a de facto general partnership between them, to which the use of the leased property had been offered by way of partner contribution (MPrThess 178290/2014 np).
  • Commercial lease/ Rent review pursuant to articles 388 and 288 GCC (MPrThess 23679/2013 np).
  • Employment contract/ Order for payment of overdue wages (MPrThess 21711/2013 EfAD 2014.76; EirThess 1590, 1591/2018 np; EirThess 1074/2017 np; EirNIonias 83, 84, 85/2015 np; EirThess 6337/2014 np)
  • Works contract / Contractor’s right to receive full payment, pursuant to article 700 GCC, despite non-completion of the works, due to the other party’s unlawful termination of the contract (MPrThess 3232/2015 2017.331).
  • Works contract / Order for payment of contractor remuneration pursuant to the subcontracting agreements in the context of the main works of constructing a hotel unit and the completion certifications of the respective contractual and non-contractual works (MPrAth 3598/2017 np).
  • Assignment of partnership interest/ Third party participation ratio over the partnership member’s profit ratio (MPrThess 15716/2018 EfAD 2018.1357).
  • Contract for an individual term deposit in a joint account, the beneficiaries being the third party depositor and his sister, under the provision of article 2 n.5638/1932 / Death of the third party depositor during the term of the deposit and the Bank’s refusal to pay the money to the last surviving beneficiary, who was not the lawful heir of the deceased, on the grounds of the existence of a child – lawful heir of the deceased / Action by the last surviving beneficiary of the joint account against the Bank for the payment of the term deposit (AP 1691/2014 2015.29; TrimEfThrak 113/2015 np).
  • Accident at work / Claim for damages for emotional distress due to the death of the claimant’s husband against a company with which the deceased, while a director and shareholder (25%), had signed an employment agreement / Claim dismissed due to the fact that his formal engagement concealed a de facto contract for the provision of services (MPrThess 6116/2011 Dee 2012.153; but NB EfThess 472/2012 np, which, despite establishing the existence of employment, dismissed the claim due to the fact that the deceased was exclusively at fault for the accident; same conclusion in AP 1125/2013 NOMOS).
  • Personal data/ Infringement of personality rights / Emotional distress from the unlawful processing of personal data on the internet / Unlawful post – repost of a video on a blog and respective Facebook page, without the data subject’s consent (MPrAth 890/2018 DiMEE 2018).
  • Personal data / Infringement of personality rights / Emotional distress from the unlawful processing of personal data on the internet / Unlawful post – repost of a video on a blog and respective Facebook page, without the data subject’s consent (PPrAth 1101/2018 EfAD 2018.750).
  • Injunction for the possession and use of land / Infringement of an apartment owner’s right to possess (the apartment being part of a building subject to the n.3741/1929 regime) by another apartment owner / Impeding the execution of technical works on the apartment pipes in compliance with a planning authority decision (EirThess 5/2018 EfAD 2018.69).
  • Annulment of mortgage note deemed to constitute a fraudulent disposition / A disposition under article 939 GCC includes the grant of a charge on the land by the obligor to a third party creditor who knows that the obligor is granting him the right to defraud the other creditors / Seizure by the creditor that was granted the annulment order, without the obligor being able to claim against him the existence of a preceding, fraudulently registered mortgage note (PPrKater 43/2015 2017.327).
  • Horizontal ownership / Assignment of the exclusive use of an uncovered space of a building as a particular servitude, provided it has been signed by all co-owners pursuant to n.3741/1929, it is in the form of a deed and has been registered / If this is not the case and, in particular, if the assignment is not in the form of a deed or it has been signed only by the assignor and the assignee, the assignment is not void but it constitutes a valid inter partes contract / Enforcement of penalty clause for breach of the agreement (PPrThess 28861/2010 EfAD 2011.183).
  • Apartment building / Floor ownership / annulment of building general meeting decision (MPrThess 13948/2014 np).
  • Ownership / Infringementof the ownership right by repeatedly emptying the pool of the neighbouring property into the claimant’s land / Claims to cease the infringement, refrain from infringing the right in the future and pay damages for emotional distress (PPrThess 179/2014 EPolD 2015.744).
  • Ownership / ΑAction against a Church (public law legal entity) to declare ownership, cease the infringement (oral challenge of the right) and refrain from infringing in the future / Possible to acquire local church land by way of adverse possession without legal title for the period between 23-2-1946 (GCC entry into force) and 18-8-1969, under specific conditions (PPrChalk 68/2018 EfAD 2018.1366).
  • Additional grounds to set aside order for payment of rent/Time limits / The day of trial may not coincide with the last day of the time limit for filing the additional grounds; the last day of the time limit, when falling on an exempt day or Saturday, is extended to the next non-exempt day / Additional grounds dismissed as inadmissible (MPrThess 10501/2017 EfAD 2017.821)
  • Order for payment by virtue of a bill of exchange / Order for payment by virtue of bills of exchange dismissed as vague for failing to state the time of issue of the bills of exchange (EirThess 615/2018 EfAD 2018.1381).
  • European Order for Payment (Reg 1896/2006) / Application for order for payment transferred to the court of origin following a statement of opposition by the defendant (EirThess 954/2018 to be published).
  • EUIPO Trade mark decision 002785700, General Markets Food Iberica, S.A.U., vs Mytilos IKE (GOURMET vs AEGEAN GOURMET).
  • VAT and tax evasion from fictitious invoices / Quashing the decision of the tax authority on the grounds of violating the principle of good administration; specifically, the taxpayer paid their debt under administrative settlement following the grant of consecutive legal extensions by the tax authority. However, the tax authority later claimed, despite the lack of grounds in support, that the extensions granted to the taxpayer were not permissible (DEfThess 1389/2018 to be published).
  • Tax books Quashing the decision to impose a fine due to the expiration of the limitation period for the State’s right to reexamine the case on the basis of supplementary evidence (DPrThess 5816/2018 to be published).
  • Tax books (criminal) / Fictitious invoices / The offence of accepting and recording fictitious tax data, committed by the defendant’s accountant without the defendant knowing and against whom the accountant embezzled the money given to pay the tax due, not made out. (5-member EfThess 418/2017 to be published; MonEfKakourgThess 1856/2017 to be published).