Public procurement process for the purchase of goods. – Serious or repeated defective performance in former public contracts. – art. 73 par. 4 f Law Nr 4412/2016. – Consequences of false statement in bid document. – Possibility of bidder’s rejection in the stage of control of the documents submitted for the award of the contract.

No real property or any concession or concession space in any building or on any land owned by the City can be leased or rented except under contract let under public advertisement for open tenders. Presidential Decree Nr 270/1981 sets the legal frame for the bidding process.

Judgement  Nr 282/2020 Administrative Court of Appeal of Thessaloniki

Summary : Petition for annulment. Decision of the City Council imposing a fine for unauthorized outdoor advertising signs to the business establishment advertised. Advertising signs displayed vertically along the outer canopy cover of the building. Law Nr. 2946/2001 and Ministerial Decision Nr. 38110/2002 regulate the legislative framework governing the outdoor advertisement. Elements which are taken in account for calculating the amount of fine .

April 2020

Compliance with a judgment of the Court of Justice establishing a failure to fulfil obligations. Assessment by the Commission of the measures adopted by the Member State to comply with the judgment of the Court of Justice according to art.260.2 EU Treaty.

By George Tserkezis, Dr.Jur., Attorney at Law

53/2016

Decision of the 1st committee of decentralized administration of Macedonia-Thrace ,under art.152 L.3463/2006

Summary : Termination of the public supply contract by the procuring entity – Non-compliance by the Supplier - Failure to provide equipment as called for in the procurement contract – Supplier’s review procedure against the decision of the General Secretary of decentralized administration confirming the termination of the contract is rejected as inadmissible – Only the Administrative Court of Appeal is competent to judge recourses against acts or decisions of administrative agencies related to disputes over the execution of public procurement contracts according to the dispositions of art.227 par.4 L.3852/2010 and art.40 of the Single Regulation of Supplies for Local Government Bodies (EKPOTA)

Judgment of the Court of Justice of the European Union
3 October 2019 in Case C-260/18
……… and …… v Polish Bank ……..
Summary : Reference for a preliminary ruling. Consumer protection. Unfair terms in consumer loan contracts concluded in Poland and indexed to a foreign currency. Possibility for the court to modify the contract by recourse to general provisions of national law — Assessment of the consumer’s interests — Maintenance of the contract’s validity without unfair terms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)

JUDGMENT OF THE COURT OF THE EUROPEAN UNION(Seventh Chamber)
5 June 2019 in Case C 38/17

Summary : Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 3(1) — Article 4(2) — Article 6(1) — Loan agreement denominated in foreign currency (swiss franc CHF) — The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded
Request for a preliminary ruling under Article 267 TFEU from the Budai Központi Kerületi Bíróság (Central District Court, Buda, Hungary), made by decision of 14 December 2016, received at the Court on 24 January 2017

December 2018
By George Tserkezis, Dr.Jur., Attorney at Law

The use of internet and today’s digital tools –including blockchain- facilitates not only collecting and treating incredible masses of data related to often rising disputes and studying their patterns, but also can shape the optimal ways to address those problems.

By Dr. Vasiliki Kostavara

The Court applies Article 288 of the Civil Code on lease back contracts, when there is an imbalance in the rent and rental value of the property. The negative and non-transitory change in the country's financial data by resorting to IMF lending and the EU support mechanism, in order to avoid a large scale credit event has led to the reduction in government spending on mental health, to develop psychosocial rehabilitation structures. The leasing company undertakes the business risk of entering the contract, whereas the finding that there is an overrun of the total rents received, even in the case of a judicial reduction of the rent, of the value of the immovable property purchase leads to the rejection of the objection according to article 281 CC (abuse of right).

                                                                                                          *******
Since 2003, the Attorney-at-law Dr. Vasiliki Kostavara has been a legal counselor for a mental health company (with 18 existing structures) and has a long experience and expertise in handling cases of legal entities operating under Law 2716/1999.

By George Tserkezis, Dr.Jur., Attorney at Law Nov. 2018
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It is the blockchain technology that allowed users to insert contractual terms into its blocks. Once smart contracts stored on the blockchain, transactions are executed automatically without any further parties’ interference. But do they operate in the same way as legal contracts?
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Reference for a preliminary ruling under Article 267 TFEU from the Kúria (Supreme Court, Hungary)— Public procurement — Review procedures — Directive 89/665/EC — Action for damages — Article 2(6) — National rules making the admissibility of any action for damages subject to a prior and definitive determination of the illegality of the decision of the contracting authority giving rise to the damage alleged — Actions for annulment — Prior action before an arbitration committee — Judicial review of arbitral decisions — National rules excluding pleas not raised before the arbitration committee — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial remedy — Principles of effectiveness and equivalence

"V. Kostavara and Associates Attorneys and Counselors at Law" office' s specialized team successfully advised and assisted air carrier "ASTRA AIRLINES" throughout international public formal procurement processes, to be awarded by the Δ11/Ε/19244/9388/22.8.2018 Decision of the Greek Civil Aviation Authority the exclusive right to operate the PSO route (EU Reg.1008/2008) between the airports of Athens – Kozani – Kastoria.

Case law (National) - September 2018
By George Tserkezis, Dr.Jur., Attorney at Law

Administrative Court of Appeals (Ch.D΄ ) Thessaloniki 1124/2018

Contractor’s claim against Minister’s (Urban Planning and Public Works) Decision rejecting his application for its review. Dispute over the execution of a municipal work. Construction of a building and award the concession to the contractor to carry out the exploitation of the building for a definite period of time. Replacement of the concessionaire group of constructors by one of its members upon approval of the contracting authority. Omission of the subrogating company to provide a performance bank guarantee for the building’s exploitation. Jointly and severally liable for providing the guarantee are both the initial concessionaire and the subrogating party (art.39 and 65 L.3669/2008). Withholding of the due guarantee amount from the remaining value of the performance bonds provided by the initial group of constructors.

• The new Council Directive (EU) 2018/912 of 22 June 2018 amending Directive 2006/112/EC on the common system of VAT as regards the obligation to respect a minimum standard rate 15% has been published in OJEU  L 162/1 27.6.2018.

A 15% minimum standard rate has been maintained on a provisional basis since VAT rules for the EU single market were first applied in 1993.The introduction of a minimum permanent ordinary rate is linked to the plan to introduce a new Community trade regulation based on the principle of taxation at the place of destination, in the context of which, although the Member States can be given greater discretion in determining the rates, it is appropriate to maintain a minimum reference threshold for the ordinary VAT rate.The minimum standard rate prevents excessive divergence in VAT rates in the member states and eliminates the risk of distortions of competition through lower VAT rates that would have an impact on cross-border shopping and trade.