Valmas Associates Company Presentation is out and ready for download.
As of February 2018 Valmas Associates have been awarded the Gold Client Champion Award as "a firm standing out for their stellar service" and as "attorneys who excel at service as affirmed by their clients". The award is the result of Reviews from our clients on Martindale-Hubbell and Lawyers.com.
Greece’s special residence program for foreign investors has taken off, reflecting increasingly bright growth prospects as the country emerges from economic crisis and its growing importance as a gateway to the European Union. In the last year, the number of foreigners awarded a Greek Golden Visa has soared: rising by more than 40% from a year earlier.
Launched five years ago at the height of the country’s economic crisis, the Golden Visa program is now coming of age amid a new wave of investor interest, particularly from countries like China, Russia and Turkey. The reasons are several: from Greece’s sunny Mediterranean climate and high quality of life, to its low property prices. A budding economic recovery plays a role for some investors, for others its political uncertainty abroad. And since the law was revised in 2015, Greece’s Golden Visa has become still more attractive to foreign investors, comparing favorably with similar programs in countries like Cyprus or Portugal. A stepped up promotion program - in the last two years Enterprise Greece has showcased the program at trade fairs from Moscow to Beijing to Constantinople – has also helped.
Greece’s Golden Visa program grants a permanent residence permit – and access to 26 Schengen area countries - to individuals and their families who invest a minimum of €250,000 in Greece, such as in real estate or other productive investment. According to the latest data from end November, a total of 2,170 Golden Visas have been issued directly to foreign investors – and more than 5,000 including family members - up from 1,522 at the end of 2016.
After falling by as much as 50% from their pre-crisis peak, and with booming summer tourism buoying short-term rentals, Greek property prices now offer a highly attractive yield on investment, say industry experts. That has drawn investors from China, who now account for almost half of Golden Visa holders.
But another reason is Greece’s political stability and EU membership. In the past year, nationals from several neighboring Mediterranean countries – most notably Turkey – have also been buying up Greek real estate, lured both by the access to the EU that a Golden Visa offers, as well as to diversify their holdings away from an uncertain climate in their home country.
Source: Enterprise Greece
Valmas Associates have been acknowledged as one of the leading professionals in the particular field. We have represented and/or we are currently representing clients from Africa, the Middle-East, Asia & America in the field of the Residence Permit by Property Investment in Greece (Golden Visa).
You may contact us on the relevant section of our website so that we further assist you.
Valmas Associates advised and assisted an overseas investor in the acquisition of an exclusive real estate property in Mykonos, Greece from a private seller.
It has come to our attention that some individuals of unknown identity have been using masked/spoof emails appearing to be generated from our law firm.
If you receive a suspicious email referencing Valmas Associates or appearing to be from our law firm (e.g. from a "spoofed" Valmas Associates email address using our website name extension athenslawoffice.com) we suggest the following:
Following a recent tanker accident in the area of the Saronic Gulf with the sinking of a small tanker vessel and a subsequent oil spill, we provide a case study by Ioannis Valmas aiming to provide a guide on avoiding similar accidents and the legal tools that have developed through the passage of time in order to combat similar incidents. For more information Download the case study here.
Acquisition International Magazine in its August edition praises our Greek Lawyers' track record on Greek Real Estate Law and Greek Aviation Law Sectors.
Attendance of International Investment Immigration Forum on Golden Visa Programs & Golden Visa Greece
Ioannis Valmas was invited by Enterprise Greece and participated on an international forum jointly hosted by the Investment Immigration Council and Enterprise Greece.
Forecasting demand, supply & freight in the dry bulk capesize vessels' sub-sector (First Semester 2017).
The following report was drafted by Ioannis Valmas in January 2017 and serves academic reference purposes only. By no means does it constitute business or legal advice.
Click Forecasting the dry bulk capesize sub-sector to download
Ioannis Valmas currently advises an international Oil & Gas company on the acquisition of a Togolese registered tanker vessel from a BVI company.
Ioannis Valmas has authored the chapter on Greece for Corporate Jet Investor's Guide on Aircraft Registration and Tax.
Ioannis Valmas and team represented a foreign Airline on a cross-border dispute against a Greek airline before the Greek Courts for a claim of over 700.000 EUR.
You can download our new brochure form the following link: Valmas & Associates Company Presentation
I. Valmas has just been admitted to Plymouth University and is currently studying and researching towards a MSc in Shipping via part-time Distance Learning. Continuous education has been at the forefront of our firm's principles and focus since the beginning. Our vision is to strengthen our office's presence in the services sector of the Shipping Industry by:
1. gaining a broad and deep understanding of the Shipping Industry's functions and workings (that is by studying Shipping beyond a mere study and interpretation of legal rules) and 2. applying this knowledge to our existing strong background in International Business and Trade Law.
During the course of this study, several articles and essays related to Shipping will be released from our blog.
Arbitration & ADR
International Centre for Settlement of Investment Disputes
Organisation for Mediation and Arbitration
Banking & Regulatory Authorities
Hellenic Capital Market Commission
Bank of Greece
The World Bank
Competition (Greece & EU)
General Consumers' Federation of Greece
Hellenic Competition Commission
General Secretariat for Consumer Affairs
Corporate & Commerce
General Secretariat for Commerce
Region of Attica Administration
International Chamber of Commerce
Administrative Court of First Instance of Athens
Thessaloniki Court of First Instance
Supreme Civil and Criminal Court of Greece
The Council of State
European Court of Justice
European Court of Human Rights
Hellenic Republic Asset Development Fund
Valmas & Associates - Greek Law Firm will be participating in the upcoming 9th International Conference of Maritime Law which will be held in Piraeus from 13 to 15 October 2016 and will deal with Maritime Safety and Security: Legal implications to ships, cargo and the human element.
Outline of the Real Estate Owners' Residence Permit in Greece:
By virtue of article 20 of the Greek “Immigration & Social Integration Code” (Law 4251/2014) third-country nationals and their family members (spouses, children and parents) can issue a renewable five-year residence permit in Greece on the basis that they own immovable property in Greece valued at €250.000 for all renewal periods (with each renewal taking place every five years).
Non-EU Nationals obtaining the 5-year residence permit may:
The competent Greek authorities provide the applicants with a certificate of receipt of the application, permitting the third-country national to stay in Greece until the authorities reach a final decision on the application. The resident permit is typically issued by the competent authorities within a period of maximum two months after submitting the application.
CAUTIONARY NOTE WHEN PURCHASING REAL ESTATE IN GREECE:
In recent years some "immigration agencies" (especially in China) and local realtors in Greece have appeared in the market offering "competitive" packages by allocating very cheap properties and selling them at a whopping profit. You need to be cautious as you may end up getting a property that its real value may be much less than 250.000 EUR. Whereas this will still grant you the residence permit (as long as you paid over 250.000), it is not a sound investment if the property's real market value is e.g half of what you paid. Appointing an independent Greek lawyer from is vital in getting your money's worth and protects you from either "immigration agencies" or realtors bloating the property's prices.
Contact our Real Estate and Immigration Lawyers for more info.
GREEK INHERITANCE LAW:
Valmas & Associates - Greek Law Firm is a law practice with legal experience for clearing up Greek inheritances on behalf of expatriates and foreign nationals.
Greek Inheritance Law is regulated by the Hellenic (Greek) Civil Code, Art. 1710 – 2035. It is similar to French and German Inheritance law, but it is radically different from English and American inheritance law.
Our Greek Inheritance lawyers provide legal assistance in Greek inheritance issues which include tracing property titles anywhere in Greece; investigating the legal and actual status of the property to be inherited, providing full legal reports including documentation & evidence such as photographs.
Greek Inheritance Law (part of the Hellenic (Greek) Civil Code) provides the passing of the deceased's property to his legal heirs in two ways: by virtue of a will or through the rules related to intestacy.
In case that the deceased has left a Greek will, the bequest of the inherited property, i.e. the transfer of the property under the names of his heirs, appointed by the deceased, and to what property parts they are entitled to, is arranged according to the provisions of the Greek will. The law provides three types of Greek wills:
• The Holographic Will: It is written entirely by the hand of the testator, who writes the date of the Will, and signs same, verifying its content.
• The Public Will: It consists of the testator's last will and testament and is executed before a Notary Public under the presence of three witnesses.
• The Mystic/Secret Will: It is validly executed as follows: The testator delivers the document to the Notary Public, stating that the document consists of his last Will and testament, under the presence of three witnesses.
Upon the passing away of the testator, the will has to be probated before the competent Court or before the competent Embassy or Consulate in order for the Greek Will's content to become known to anyone. Every person holding a Greek will is obliged to take care of its probate. The Greek will is probated, only if the original document can be submitted before the competent Probate Court or Consulate, regardless of its validity. Copies of wills cannot be probated.
2. INTESTACY RULES:
In case that the deceased has not left a will, or in case that the will has been nullified or in case that the will settles only parts of the deceased's inheritance, the succession is settled by law through the rules of intestacy.
As aforesaid, If the deceased has not left a will of any kind, or the will is void for any reason or settles only a part of his/her property, this person is considered to be in intestacy, and its succession is regulated by provisions of the law. The legal heirs are organized by the law in categories, called “classes” or "ranks". Classes of heirs exclude the classes below them i.e. class 1 excludes class 2 and so forth.
1. The first class includes children and grandchildren of the deceased. The latter are called to the inheritance only if the former have predeceased.
2. In the second class shall be called together the parents of the deceased, his brothers and sisters, as well as children and grandchildren of his predeceased brothers and sisters. Parents and brothers and sisters shall inherit by equal portions while the children or grandchildren of predeceased brothers and sisters per stripes. Children of a predeceased brother or sister shall exclude grandchildren of the same stripes.
Half-brothers and half-sisters when concurring with parents or full brothers and sisters or children or grandchildren of the latter (of full brothers and sisters) shall receive one half of the portion attributable to full brothers and sisters. Children or grandchildren of predeceased half-brothers and half-sisters shall also receive one half portion.
3. In the third class shall be called the grandfathers and grandmothers of the deceased and among the descendants of such grandparents their children and grandchildren.
Children inherit by equal portions and exclude grandchildren of the other stripes. Grandchildren inherit per stripes.
4. In the fourth class shall be called the great grandfathers and the great grandmothers of the principal.
Great grandfathers and great grandmothers living at the time of devolution shall inherit by equal portions irrespective of whether or not they belong to the same or to different lines.
A surviving spouse shall be called as heir in an intestacy together with the other relatives of first rank for one fourth and with the relatives of other ranks for one half of the estate. The spouse shall in addition receive as accretion, independently of the rank of his calling, the furniture, utensils, clothes and other similar domestic objects that were being used either by the surviving spouse alone or by both spouses. However, where there are children of the spouse who died, the needs of such children shall also be taken into consideration in so far as this is prescribed by special circumstances or on grounds of indulgence.
5. In the fifth class, where there are no relatives of the first, second, third and fourth rank a surviving spouse shall be called as heir in intestacy for the whole of the estate.
6. In the sixth class in he absence of all the above, the State inherits the estate of the deceased.
ACCEPTING THE GREEK INHERITANCE:
Greek Inheritance Law does not provide of a specific deadline for accepting an inheritance. On the contrary, the law provides a specific deadline for the renouncement of the Greek inheritance right on a deceased's Greek estate. This deadline expires within four (4) months upon the deceased's passing or after the Greek will's probate by the competent Court or Consulate. Said deadline expires a year after the deceased's passing or after the Will's probate, in case that the deceased's last domicile was abroad or if his heir became aware of the passing while he was residing abroad.
After the passing of the above deadlines for renouncement, it is conferred that the heir has accepted the estate and has substituted into the rights and obligations arising from the Greek Inheritance. The heir has the right to accept the Greek Estate by stating clearly that he accepts same, finalizing the Acceptance of Inheritance proceedings. However, in case that the Greek Inheritance consists of real estate property, the Acceptance of Inheritance is accomplished through the execution of an Acceptance of Inheritance Deed before a Notary Public, which has to be registered before the competent Greek Land Registry (Ypothikofilakeio/ Υποθηκοφυλακείο) of the property's location and in some cases maybe the Greek Cadastral Land Registry (Ktimatologio/ Κτηματολόγιο) as well.
The heirs, (in intestacy or by virtue of a Will), must file an inheritance tax statement within 6 months, if Greece domiciled, or within 12 months, if they live abroad. The time limit for the submission of the tax statement in principle begins as of the passing; and/or the Greek will's probate date.
The inheritance tax obligation is subject to an assessment of the Estate's tax value in consideration of consanguinity levels to the deceased and applicable tax exemptions.
The procedure of the Probate and the Acceptance of an Greek Inheritance, may be accomplished through a Special Power of Attorney to a specialized Greek Lawyer, like Valmas & Associates - Greek Law Firm.
MINIMUM FORCED INHERITANCE SHARE (Nomimi Mira/Νόμιμη Μοίρα)
In Greece the minimum forced inheritance share (“Nomimi Mira/ Νόμιμη Μοίρα”) employed by the Hellenic (Greek) Civil Code so that it limits a testator’s right to dispose of his estate freely.
The underlying purpose of the minimum forced inheritance share is the safeguarding of the testator’s close relatives and spouse.
In practice, according to the Hellenic Civil Code, a testator is prohibited from excluding from his will his children, spouse and parents. A part of the testator’s estate must be distributed to the above relatives. The minimum forced inheritance share must be equivalent to half of the inheritance share that each individual family member would be legally entitled to, had the testator died intestate (i.e. without leaving a will). However, the minimum forced inheritance share is reduced accordingly where any contributions that the testator may have granted to each of the above heirs while living, are found.
Please contact us for more information on our services, rates and cost for advice and representation.
BREXIT, EU & INTERNATIONAL ARBITRATION:
1. The Legal Instruments Utilized on International Arbitration in the UK:
A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
1. the New York Convention on the Recognition and Enforcement of Arbitral Awards 1958 and
2. the English Arbitration Act 1996, the law that provides the framework for international and domestic arbitration in the UK
Both are not connected to EU law and the Act of 1996 does not incorporate EU law in any sense whatsoever.
Also, English Law has traditionally been the law of choice for contracts and International Agreements particularly Contract Law which has remained virtually untouched by EU legislation and developed/evolved through the passage of centuries.
In the light of the above it seems unlikely that London will be affected as an International dispute resolution centre of choice.
2. Strengths of London Arbitration Seat:
London is one of the most reputable, popular and trusted arbitral seats in the world. The reasons for this reputation have never depended on membership of the EU.
The reasons for this have been the following:
a. The UK arbitration legislation is modern, comprehensive, concise and clear, as it provides a framework for resolving a dispute by arbitration, it does respect the parties’ choice of arbitration, limits judicial intervention and is in line with international treaties.
b. The UK possesses a high level of experienced, independent and efficient judiciary
c. The UK provides the ability to parties to be represented in arbitration by lawyers from anywhere in the world
London has all of these important qualities. None requires membership of the EU or is dependent on it. Also, other leading centres for international arbitration, including Hong Kong and Singapore and those in Switzerland have thrived wholly outside of the EU.
3. The Example of Switzerland:
International Dispute Resolution in Asia and Switzerland have been thriving despite the fact that neither Hong Kong, Singapore or Switzerland have acceded to the EU.
Switzerland is a neutral country and hosts many international organizations, fora or dispute settlement institutions/centres, including the United Nations, the World Trade Organisation (WTO), the World Intellectual Property Organisation (WIPO), the International Federation of Consulting Engineers (FIDIC), the International Air Transport Association, the Court of Arbitration for Sport (CAS/TAS), the International Olympic Committee (IOC) and major international sports organizations such as FIFA and UEFA.
Many international contracts referring to arbitration in Switzerland are governed by Swiss law, as a neutral law, easily accessible for lawyers. Contract negotiators and drafters from all over the world are attracted by the clear and concise legal framework Swiss law provides.
UK and London provide equally the same quality in resolving international disputes with the London Court of International Arbitration.
In essence the UK can keep its leading position as an International Arbitration Centre at the dawn of Brexit and for years to come.
Published by Ioannis Valmas on: http://kluwerarbitrationblog.com/2016/07/08/guest-posts-on-brexit/
Valmas & Associates - Greek Law Firm have recently entered into a partnership with ChinaGoAbroad (CGA).
Mr Ioannis Valmas will be a contributing member and partner enhancing our law firm's opening to China and Asia.
“ChinaGoAbroad (CGA) is a unique membership organization focused on cross-border investments involving China. CGA adopts an “O2O” (online/offline) model: it has an online information platform featuring a deal database, and an offline consultancy service with a portfolio of private investment opportunities. CGA offers information and advisory services to corporations, government agencies and high-net worth individuals. We encourage our members to interact, exchange expertise and share their experiences.”
For more info please visit our page on CGA's website in English: http://www.chinagoabroad.com/en/contributor/valmas-amp-associates or Chinese: http://www.chinagoabroad.com/zh/contributor/valmas-amp-associates
Golden VISA Program in Greece and buying property in Greece or buying a house in Greece have now been made easy. Visit the relevant pages in our website and get information or contact one of our Greek Lawyers for more info.
Which is the main regulatory framework in Greece concerning aviation?
The principal enactment which applies to aviation regulation in Greece is the Code of Aviation Law (KAD), implemented by Law 1815/1988 as amended by Law 2065/1992 and subsequently Law 3333/2005.
Furthermore, EC Regulation No. 1008/2008 applies to the operation of airlines in the European Union and Law 393/1976 applies to the operation of travel agents, which are further regulated by the Hellenic Tourism Organization (EOT).
Regarding suppliers, EC Regulations No. 300/2008 and EC Regulation No, 185/2010, along with HCAA Regulation No. D15/A/18070/1501, apply to airport suppliers and in-flight suppliers.
Also Ministerial Decision No. D1/D/30817/2180 applies to air charters and air transport services.
How many airports are located in Greece?
There are 45 airports that are regulated by the Hellenic Civil Aviation Authority (HCAA). They are further divided in three main subcategories. Only the Athens Airport is operated by a separate entity (Athens International SA).
A. INTERNATIONAL AIRPORTS (15)
Athens Airport "El.Venizelos"
Thessaloniki Airport "Makedonia"
Rodos Airport "Diagoras"
Heraklion Airport "N.Kazantzakis"
Kerkyra Airport "Ioannis Kapodistrias"
Kos Airport "Ippokratis"
Alexandroupoli Airport "Dimokritos"
Mytilini Airport "Od.Elytis"
Limnos Airport "Ifestos"
Chania Airport "I. Daskalogiannis"
Zakynthos Airport "D.Solomos"
Samos Airport "Aristarchos of Samos"
Kavala Airport "M.Alexandros"
Kalamata Airport "Captain Vassilis Constantakopoulos"
B. NATIONAL AIRPORTS (26)
Ioannina Airport "King Pyrros"
Chios Airport "Omiros"
Skiathos Airport "A.Papadiamantis"
Kozani Airport "Filippos"
Kastoria Airport "Aristotelis"
Kythira Airport "Αlexandros Aristotelous Onassis"
Nea Anchialos Airport
Syros Airport "Dimitrios Vikelas"
Ikaria Airport "Ikaros"
General Aviation Services Unit-Pahe M.E.G.A.P
C. MUNICIPAL AIRPORTS (4)
What are the steps an air carrier is required to take in order to acquire an operating license?
1. First there are a series of certificates, licenses and approvals required such as:
Written approval of the base airport;
Certificates of noise (where applicable);
Approval of the lease of aircraft;
Flight capability license;
Licensing of aircraft’s station.
2. The above documents have to be submitted along with a written application to the H.C.A.A.
3. Had there been documents missing, the H.C.A.A. is obliged to notify the applicant in writing within twenty days of the filing of the application. The applicant must submit the requested documents within 30 days.
4. The H.C.A.A. will then examine the documentation.
5. The final answer from the H.C.A.A. must be communicated to the applicant within 120 days following the submission of all documents.
How are charter agreements and air charters regulated in Greece?
Articles 83-93 of the Code of Aviation Law (K.A.D.) and Ministerial Decision D1/D/30817/2180 regulate charter agreements and air charters in Greece.
In which way could an aircraft obtain the Hellenic nationality?
The Hellenic Code of Aviation Law sets out the precondition of an aircraft obtaining the Hellenic Nationality on Articles 18 and 19.
According to Paragraph 1 Article 18 of the Code of Aviation Law, Law 1815/1988 (K.A.D.) the condition for registering an aircraft as Greek is that a person that is a nationality holder of one of the countries of the European Economic Area possesses 50 percent or greater of the aircraft to be registered as Greek.
According to Paragraph 2 of Article 18 of the Code of Aviation Law (K.A.D.) an aircraft can also obtain the Hellenic Nationality as long as it belongs to Hellenic Companies (companies registered in Greece) on the condition that the company possesses over 50 percent of the aircraft.
Companies that are eligible to register a Hellenic Aircraft on the relevant Registry include the following (subject to the conditions set out by Article 18 Paragraph 2 of the Code of Air Law):
What is the H.C.A.A. (Y.P.A.)?
The Hellenic Civil Aviation Authority (HCAA) is a Civil Service under the Ministry for Infrastructure Transport and Networks, directed by its Governor and Deputy Governors.
Its mission is the organization, development and control of the country`s air transport infrastructure, as well as the study and laying of proposals to the Minister of Infrastructure, Transport and Networks concerning the overall policy formulation in air transport.
Which are other activities of the H.C.A.A.?
The H.C.A.A. is the body responsible for the handling and development of air transport inside the country and abroad. This also includes the development of international aviation relations, participation in international Organizations, the organization of the Hellenic Air Space and the exercise of Air Traffic Control. C.A.A. also controls the flights of the aircrafts in the (national) Greek airspace, under the direction of the Greek Government, supervises the application of safety rules in the airspace, inspects aircrafts and civil aviation crew suitability and grants the relevant certificates (to pilots of aircrafts and helicopters and crew).
Why does H.C.A.A. provide the flight licenses?
The H.C.A.A. is appointed by the Hellenic Republic in order to grant flight licenses. As Article 2 of C.A.D. provides “The Hellenic Republic exercises full and exclusive control over the Hellenic airspace”. Accordingly, the H.C.A.A. is the body appointed to be responsible for such grants of flight licenses. The H.C.A.A. is operating under the aegis of the Ministry for Infrastructure Transport and Networks.
Which are the Registries being kept by the H.C.A.A.? How is the registry certification granted?
There are the following Registries and Books held at the headquarters of the H.C.A.A.
They are set out by Article 17 of the Code of Aviation Law (KAD):
Following application to the H.C.A.A. the registration is granted to the owner of an aircraft or an aircraft engine (Article 26 K.A.D.). An aircraft should be deregistered from the Registry of the State with which it has originally registered prior to its Hellenic registration being granted by the H.C.A.A.
Is the deregistration possible and what would be the reasons for that?
Article 31 (K.A.D.) sets out the reasons for compulsory deregistration of an aircraft from the H.C.A.A. Registry. They are the following:
Is seizure and auction of an aircraft possible?
The Code of Civil Procedure (K.Pol.D.) which was recently amended and has undergone major changes by virtue of Law 4335/2015 (changes to come into effect from the 01/01/2016) sets out the procedure for seizure/confiscation related issues and sales of aircrafts at auctions. Articles 992 on, 1014 and 1015 (K.Pol.D.) (set out the conditions for seizure/confiscation and auctioning of aircrafts).
Also Articles 709 & 713 (K.P.ol.D.) set out the preconditions for temporary seizure in cases where an interim measure is requested.
What are the types of Mortgages on aircrafts and how are they Registered?
Articles 50-73 of the Code of Aviation Law (K.A.D.) set out the legal framework for mortgages on aircrafts.
Furthermore, there are two types of aircraft mortgages.
Mortgage types can be fully agreed between the contracting parties and shall compulsorily be registered with the Mortgage Registration Book kept at the Headquarters of the H.C.A.A. with the process described above.
What is the current tax payable to the Hellenic Tax Authorities for the acquisition of an Aircraft?
Article 3 of Law 3842/2010 which replaced Article 16 of Law 2238/1994, sets out the tax requirements for owners of aircrafts.
Fuel of aircrafts is also taxed in accordance with EU rules and the VAT regime currently in force in Greece.
What are the charges for landing and parking in Hellenic Airports?
The H.C.A.A. determines the charges for landing and parking at the airports annually. The basis for cost calculation is the out-weight of aircrafts in conjunction with whether the aircrafts have an EU Member State certificate or one from a third country.
How are fares and rates set in Greece?
EU air carriers have freedom in setting air fares and cargo rates for services provided within the EU. This is also extended to third country carriers. Hellenic carriers consequently set their fares and rates.
What is the regulatory regime with regards to air accidents?
The Code of Aviation Law implemeted by Law 1815/1988 (K.A.D.) and Law 2912/2001 are the main regulatory instruments with regards to the liability and process of investigation of air accidents.
Which main international conventions is Greece a signatory to?
Greece has implemeted the Montreal Convention with the enactment of Law 3006/22-04-2002. Also it has become a party to the Geneva Convention of 1948 by virtue of the Greek Legislative Decree 543/1970. It has not implemented the Cape Town Convention of 2001 although the EU has acceeded to it in 2009.
Greece has also ratified the Chicago Convention and has created an open economic environment and access to its market. Bilateral agreements have also been signed between the Hellenic Republic (Greece) and non-EU (third) countries such as: Albania, Algeria, Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bosnia-Herzegovina, Brazil, Burma, Canada, China, Croatia, Cuba, Egypt, Ethiopia, Georgia, Hong Kong, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Libya, Macao, Malaysia, Moldova, Morocco, Nigeria, Oman, Pakistan, Philippines, Qatar, Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Sri Lanka, Syria, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, USA, Uzbekistan, Vietnam, Zaire, Zambia.
Which courts are competent for handling aviation disputes?
The Greek Civil Courts are competent for handling aviaiton related disputes. The Code of Civil Procedure (K.Pol.D.) sets out three types of courts competent for civil actions in the first degree:
The Court of the Peace (Eirinodikeio) which handles claims up to €20,000.00.
The Single-Member Court of First Instance (Monomeles Protodikeio) which handles claims between €20,000.01 and €250,000.00.
The Multi-Member Court of First Instance (Polymeles Protodikeio) which handles claims worth more than €250,000.00.
For certain categories of proceedings (e.g. landlord and tenant claims, leases, real estate matters, employment matters, motor accident claims, professional fees disputes etc.), exclusive jurisdiction is allocated to a particular court regardless of the case’s monetary value. Articles 15 (K.Pol.D.) (for Courts of the Peace), 6 and 17 (K.Pol.D.) (for Single-Member Courts of First Instance) and 18 (K.Pol.D.) (for Multi-Member Courts of First Instance) regulate matters of exclusive jurisdiction.
In regards to disputes that arise from lease agreements, the Code of Civil Procedure (K.Pol.D.) sets out the following:
The Court of the Peace (Eirinodikeio) handles claims where the monthly rent does not exceed the amount of 600 EUR.
The Single-Member Court of First Instance (Monomeles Protodikeio) handles all other claims that arise from disputes from lease agreements.
What types of remedies are available from the courts in Greece?
I. Valmas has been appointed as the editor and contributor of Greek Law Digest on the Chapter of Aviation Law. Greek Law Digest is the most important publication in the English language in regards to the Hellenic legal system and foreign Investing in Greece. The 2nd edition of Greek Law Digest will be put together by legal publisher Nomiki Vivliothiki, under the auspices of the Greek Ministry of Development, Competitiveness and Shipping, the agency INVEST IN GREECE SA, the ATHENS CHAMBER OF COMMERCE & INDUSTRY, the World Council of Hellenes Abroad (SAE) and the HELLENIC CHINESE CHAMBER.
The chapter on Aviation Law will be available to download from within our website once it goes online on the third quarter of 2015.
Greek Law Digest is already acknowledged by foreign and Greek professionals, foreign diplomatic representatives and foreign officials, state authorities and business associations as the most trustworthy and thorough legal guide in English for Greek legal and regulatory issues and continues to receive generous tributes.
For Aviation related legal matters and advice from aviation lawyers in Greece please visit the relevant section within our website here: Greek Aviation Law
Valmas Associates - Greek Law Firm
Ippokratous 10-12, Athens, 106 79, Greece
Opening Hours: 09:00 - 22:00 (+2 GMT) (by appointment only)
T: +30 210 339 2081
© 2017, Valmas Associates - Greek Law Firm, Greek Lawyers, Lawyers Greece, Lawyer Greece, Attorney in Greece