Greece

Introduction Public procurement is a cornerstone of modern economies, functioning as a mechanism to foster competition, transparency, and fairness in the allocation of public resources.

Introduction: The Appeal of Greece’s Real Estate Market for International Investors Greece, known for its natural beauty, rich history, and strategic location, has emerged as a top investment destinat...

The Legal Journey Behind the EO2 (Mavrovouni – Edessa, Giannitsa Bypass, Chalkidona Bypass) Road Axis Upgrade A Vision Brought to Life In the realm of infrastructure, transforming critical roadways represents a vision of progress—one that seeks to enhance safety, connectivity, and economic growth. The EO2 Road Axis construction, including the maintenance and upgrading of existing road networks, spanning vital sections from Mavrovouni to Edessa, including the Giannitsa and Chalkidona bypasses, exemplifies such a vision. This ambitious project involves the comprehensive improvement and expansion of the Thessaloniki–Edessa National Road, divided into five distinct sections. The project’s goal is to provide better access and connectivity while mitigating traffic congestion, ultimately benefiting both local and national interests. Our law firm, as the legal advisor to the contracting authority, has been deeply involved in the development of this transformative project, offering legal guidance and strategic support. We ensure the smooth progression of the project through its various stages, addressing the complex legal and regulatory challenges that arise. The Road Sections: A Complex Undertaking The EO2 upgrade is divided into five sections, each presenting its own unique legal, technical, and logistical challenges. These sections include the Halkidona Bypass, the Pellaia Greece Bypass, the Giannitsa Bypass, and the Mavrovouni–Edessa section. Our firm’s contribution spans all sections, focusing on addressing the intricate legal and technical hurdles involved in constructing a road network alongside existing infrastructure. Halkidona Bypass Section The new alignment of the Thessaloniki-Edessa National Road starts at the end of the existing technical bridging of the Axios River and its tributaries, extending to the constructed section of the Pellaia Greece Bypass. This section, approximately 6.34 km long, requires careful attention to land agreements and environmental approvals to ensure the smooth integration of the new road with the existing infrastructure. Pellaia Greece Bypass This section, part of the new National Road No. 2, has already been constructed with a cross-section width of 11 meters, including the hard shoulder (LEA), and 13 meters with the embankments. Future plans include expanding this section to the typical cross-section width of B4N*S, as will be done for new sections under the current partnership. The primary challenge involves adapting the existing infrastructure to accommodate future upgrades. Giannitsa Bypass Section The Giannitsa Bypass project involves the construction of side roads, intersections, bridges, culverts, and a retaining wall. Key features include 14 bridges and under/overpasses, totaling approximately 363.41 meters, 23 box or pipe culverts, and 25 Irish crossings. This section also includes 60 at-grade intersections, many located at the intersections of the side roads. The complex legal and technical requirements for these structures are essential to ensure both road safety and efficient traffic flow. Melissi-Mavrovouni Section This section forms part of the new National Road No. 2 and has already been constructed with a cross-section width of 11 meters, including the hard shoulder (LEA), and 13 meters with embankments. As with the Pellaia section, future modifications are planned to align this section with the standard B4N*S cross-section, in line with other new sections constructed under this partnership. The challenge here lies in managing future expansion while maintaining the integrity of the existing infrastructure. Mavrovouni-Edessa Section The proposed Mavrovouni–Edessa section involves the improvement of the Thessaloniki–Edessa National Road, specifically the road section between Mavrovouni and Edessa. This section, located in the Pella region, will feature a new road alignment with accompanying service roads to support local traffic. The key challenge is ensuring that the new design meets the traffic and environmental needs of both the local and regional areas while adhering to the necessary legal and environmental requirements.   Challenges Along the Way Integration of New and Existing Roadways One of the main challenges of the EO2 upgrade project lies in the integration of new road sections with existing networks. Particularly in the Halkidona, Giannitsa, and Mavrovouni–Edessa bypass sections, where the intersection of new and existing alignments created complex legal and technical issues. These required intricate coordination of legal agreements, design approvals, and environmental considerations. Environmental and Land Acquisition Challenges A key challenge was the acquisition of land for constructing the new road sections. The area involved multiple landowners with fragmented plots, requiring meticulous legal coordination. Our expertise ensured smooth land acquisition processes, preventing delays and the subsequent payment of any compensations that these delays may cause, thereby guaranteeing the availability of the necessary land for construction. Maintenance and Repairs A major aspect of the project involves the ongoing maintenance and repair of the road after its completion. Our firm has been instrumental in negotiating the terms of these agreements, ensuring that the contractor's obligations are clearly defined in the contract and that maintenance and repair conditions are aligned with the contracting authority's expectations. A Harmonious Partnership: The Public and Private Sectors United The EO2 upgrade project exemplifies the vital collaboration between the public and private sectors, which is essential for the successful delivery of large-scale infrastructure projects. This partnership combines the public sector's regulatory oversight and long-term vision with the private sector's efficiency, expertise, and capacity for innovation. The private sector entities have been central to the project, navigating its complexities with their specialized knowledge and resources. These preselected bidders are responsible for designing, constructing, and maintaining the road infrastructure, ensuring safety, sustainability, and timely delivery. Their expertise in road construction, bridge building, and environmental considerations has been key to overcoming technical challenges and ensuring the project proceeds without delay. As the project advances, the continued collaboration between the public and private sectors will be crucial to its success. The seamless integration of strategic oversight from the public authority with the private sector’s operational capacity remains fundamental to the project's timely and efficient completion. The Competitive Dialogue: Laying the Groundwork for Success The competitive dialogue phase has been critical in shaping the success of the EO2 Road Axis Upgrade. Now nearing completion, this phase allowed the contracting authority to discuss with prequalified bidders to refine technical designs, financial structures, and project specifications. The primary goal of this phase was to ensure that, in collaboration with the technical and financial advisors, the project met the highest standards of technical feasibility, legal compliance sustainability, and cost-effectiveness. A. Legal Expertise During the Competitive Dialogue Our firm played a crucial role during this phase, providing legal advice and strategic guidance. We ensured compliance with national and EU regulations, facilitated transparent communication, and helped resolve actual and potential legal issues, ensuring that all proposals aligned with the contracting authority's long-term objectives, thereby appropriately and effectively shaping the contractual documents. B. Key Challenges in the Dialogue Phase Several challenges arose during the dialogue phase, primarily in balancing the interests of the contracting authority with the proposals from bidders. Our firm helped maintain fairness and transparency, resolving potential conflicts and ensuring that bidders' expertise was fully integrated into the project’s development. C. Transition to the Next Phase: Competition Stage With the competitive dialogue phase concluding, the project is transitioning to the competition stage, where final proposals will be submitted and evaluated. The groundwork laid during the dialogue phase ensures that the selection of the contractor will be based on refined technical and financial proposals, setting the stage for the construction and maintenance phases. Conclusion: The Road Ahead The EO2 Road Axis Upgrade is more than just a physical transformation; it is a model of legal and technical collaboration. This project not only highlights the importance of public-private partnerships but also demonstrates how innovative legal strategies can overcome complex challenges. As the project moves toward completion, our law firm remains committed to ensuring its success and delivering a project that will serve both the public and private sectors for years to come, setting a benchmark for future infrastructure development in Greece.

Our law firm has successfully handled a very difficult and complicated criminal case concerning felony embezzlement with an alleged damage of € 910.000,00 and felony infidelity of funds with an alleged damage of € 164.000,00 committed by the legal representative of a Societe Anonyme Company. The case was tried by the Kalamata Three-Member Felony Appeals Court at first instance and the Kalamata Five-Member Felony Appeals Court at second instance. The charges related to the commission of the above offences by our client against a société anonyme, which operated a local TV channel in the Peloponnese, of which he had served as CEO until 2011. Some years later, the next board of directors of the company filed a criminal complaint against our client, accusing him of allegedly committing the aforementioned felonies. They also filed 2 civil lawsuits against him claiming the aforementioned amounts (in total). Both civil lawsuits were upheld by the Multimember Civil Court of Kalamata. Both civil decisions had become final. The level of difficulty of the case lies in the fact that the charges had already been confirmed by 2 final decisions of the civil courts, which actually ordered our client to compensate the company. The accusations were also confirmed by a report prepared by SOL SA, one of the most well-known audit firms in Greece. Our law firm achieved, with strong legal and factual arguments, the dismissal of 2 of the 3 above charges by the Kalamata Three-Member Felony Court of 1st instance. In particular, despite the existence of the above irrevocable civil judgments and the report of SOL SA, the court accepted our claims that there is no legal obligation for the criminal court to adopt the previous judgment of the civil court on the same facts, even if it is irrevocable and that the penal courts have independent judgement. Therefore, the court of 1st instance acquitted our client of the crime of misappropriation, convicted him for embezzlement of 261.000,00 € and sentenced him to 4 years' imprisonment with probation. Then in the court of appeals, we managed to prove that one of the entries in the audit firm's report was fictitious, resulting in the downgrading of the charge of embezzlement from felony to misdemeanor, due to the amount. In this way our client was completely acquitted of this charge as well, due to the statute of limitations of the misdemeanor. The significance of this case lies in the fact that it highlights the independence of criminal justice from civil justice.

The consortium of Metlen Energy & Metals and ATESE Group of Companies for the Public-Private Partnership (PPP) project "Design, Construction,Financing, Maintenance and Operation of Seventeen School Units in the Region of Central Macedonia." This landmark project, officially signed on October 30, 2024, will be undertaken with an investment commitment of €137.6 million. Our PPP Infrastructure team was led by Prokopis Rafail Linardos, Partner, together with Spyros Rinakakis, Senior Associate and Anastasia Papadopoulou, Associate. With a 27-year contract duration (2 years for construction and 25 years for facility management), this ambitious project is set to deliver modern educational facilities to approximately 5.000 students across nine municipalities in Central Macedonia. We are particularly proud to contribute to an endeavor that not only strengthens infrastructure but also advances educational opportunities and community well-being. We look forward to seeing the positive impact these new school facilities will bring to local communities.  

In our “Deal Expanded” series, Your Legal Partners’ Katerina Politopoulou, Maria Golfinopoulou,and Prokopis Rafail Linardos discuss the 2023 Deal of the Year in Greece – Grimaldi Euromed, Minoan Lines, and EKEV Consortium’s acquisition of a majority stake in Port of Igoumenitsa Authority. Check out “Interview with Your Legal Partners on the 2023 DOTY for Greece” below: The interview: https://lnkd.in/dcEvnrtk