One-member Court of Appeals of Thessaloniki 12/2022 The property of the legal entity, as well as that of its members (assets and liabilities), are distinct from each other. Nevertheless, the Greek legal system accepts that this principle of distinction of the legal entity from its members is amenable under conditions of deviation and it is …
Decision 1150/2021 B1 Dept. The determining criteria for the decision on whether or not to maintain the identity of the economic entity and, by extension, to determine whether or not a transfer of business is taking place are, among others: a) the transfer or not of immaterial elements and/or intangible assets and the identification thereof, …
CHANGE OF EMPLOYER. TRANSFER OF BUSINESS. CRITERIA Read More »
DECISION 1160/2021 The contracting party with a mutual account agreement is protected through the lawsuit for his claim for any remaining balance, on condition that, by the time of the expropriation, the mutual account agreement producing the claim has been concluded and the claim has become overdue after the account has been closed until the …
Three-member Court of Appeals of Thessaloniki 684/2019 Perpetual bonds, in their conception and operation, are not simply investment products. As a result, the limited liability companies that provide investment services have a particularly increased obligation to provide information to their investor clients, given that the use and circulation of perpetual bonds as bonds, as a …
One-member Court of Appeals of Athens 1256/2019 If there is a mixed use on the property, such as use of the property to conduct commercial transactions and use thereof as a residence, then in order to decide whether or not the lease falls under the protection of the law, the prevalent use is taken into …
One-member Court of Appeals of Athens 4079/2019 Legal nature. It is a composite or mixed contract which includes the information of a) the lease contract, b) the mandate contract, c) the divestiture contract, and d) the option agreement. Merger of companies. Results. The absorbing company has a vested interest in holding the trial to satisfy …
Three-member Court of Appeals of Piraeus 510/2021 Passenger transport. Fire which occurred during the voyage of the ship. Death of passenger. The carrier shall be liable for damage resulting from the death or personal injury of a passenger caused by a marine incident to the degree that the said damage to the passenger in question …
One-member Court of Appeals of Athens 2913/2021 Draft agreement. The draft agreement is the contract by which the parties undertake the responsibility to enter a certain agreement, according to the conditions set and subjected to the form prescribed by the law for the agreement to be concluded. It is a complete, stand-alone and independent contract, …
Three-member Court of Appeals of Athens 2805/2021 Share transfer agreement. Additional agreements which were a condition for the plaintiff’s purchase thereof without which he would not have proceeded to the said purchase. Agreement that the new shareholder, despite the minority package of shares he buys, acquires equal participation in the management and administration of the …
Three-member Court of Appeals of Thessaloniki 1180/2020 Unfairness. Criteria. Unfair terms per se. Principle of transparency. Invalidity of non-transparent clause. Contractual clauses of the main object of the contract are not tested for unfairness. Statutory/regulatory provisions of mandatory law. Unfairness test. Invalidity of the application of Directive 93/13/EC. Instead, unfairness test of the clause acting …
