Mediation
Our Practice Areas Due to an increasing number of conflicts among our diverse global client base, alternative dispute resolution methods like arbitration and mediation have become more appealing than traditional litigation. These approaches are preferred because they are more cost-effective, less time-consuming, fully confidential, and less adversarial. The Hellenic Parliament has passed a Law 4640/2019 on Mediation in Civil and Commercial Disputes, with the goal of focusing on certain aspects of mediation in civil and commercial matters. The primary objective of this new legislation is to streamline legal proceedings in Greece and provide a fast-track and enforceable resolution for parties who successfully participate in mediation sessions. Mandatory Mediation According to Article 6 of the 4640/2019 Law, certain disputes are required to undergo an initial mediation session before they can be referred to the appropriate court. These disputes include: (a) specific family law disputes; (b) all civil and commercial disputes falling within the jurisdiction of Single-Member Courts in Greece involving claims exceeding EUR 30,000; (c) all civil and commercial disputes within the jurisdiction of Multi-Member Courts in Greece; and (d) any disputes arising from agreements that include an explicit mediation clause. Failure to comply with the mandatory initial mediation session will result in the competent courts rejecting the relevant actions as inadmissible. Voluntary Mediation According to Article 4 of the 4640/2019, voluntary mediation is available in the following circumstances: (a) when both parties agree to engage in mediation proceedings; (b) when an agreement between the parties includes a mediation clause; (c) when the law requires mediation proceedings to be initiated; and (d) when another Member-State’s judicial authority imposes the initiation of mediation proceedings, provided that such a requirement does not violate Greek public policy provisions. Lawyers are required to provide written notification to their clients regarding the option of mediation, and whether the specific dispute falls under the mandatory mediation provisions. According to Article 3 of Law 4640/2019, this document must be signed by both the lawyers and the client, and submitted to the competent court when the dispute reaches the relevant procedural stage. Failure to include these documents with the lawsuit filed before the competent court will result in the lawsuit being deemed inadmissible. The main features of mediation proceedings are as follows: Mediation proceeding A mediator, who can be appointed by the parties or a Central Committee, conducts the proceedings. The mediator must notify the parties of the initial mandatory session at least 5 days in advance by registered letter or electronically, and the first session must take place within 20 days of the mediator being notified of the petition for mediation. The parties must attend the proceedings in person along with their lawyers, except for small claims up to EUR 5,000 and consumer protection claims. After the first session, the parties may choose to continue with the mediation or refer the case to the courts, and if they choose the latter, they must submit minutes proving the attempt and failure of the mediation. The mediation proceedings are confidential, and no minutes are allowed to be kept. Parties participating in the proceedings are excluded from being examined as witnesses […]
Read moreInheritance Law
Our Practice Areas At I.E Papaioannou and Associates Lawyers professional services include assisting individuals who live abroad and need to claim their Greek Inheritance within the territory of Greece. We also cooperate with high ranked professionals such as public notaries, civil engineers, topographers, architects etc. thus, achieving peace of mind that your matter will be taken care of by competent professionals. Our legal assistance includes tracing property titles anywhere in Greece; examine the legal complexities of the property to be inherited, providing legal documentations and evidence. Greek Inheritance Law is regulated by the Greek Civil Code, Article 1710-2035 and manages the transfer of property upon a person’s death. Inheritance can be regulated by a will, or if there is no will, by the rules of interstate succession. Greek Inheritance Law specifies that the property of a deceased person is transferred to their legal heirs either through a valid will or in accordance with the rules related to intestacy. The law provides three types of Greek wills: the Holographic, the Public and the Secret will. Upon the passing away of the party, the will has to be probated before the competent Court, Embassy or Consulate in order for the will’s content to become known to everyone. In case the deceased has not left a will or the will settles only parts of the inheritance, the succession is settled by law through the rules of intestacy. Greek law does not provide of a specific deadline for accepting an inheritance. However, the law enforces a specific deadline for the renouncement of the Greek inheritance right on a deceased’s Greek estate. The deadline expires within four months upon the deceased’s passing. Once this deadline for renunciation has passed, the heir is deemed to have accepted the inheritance and is vested with the corresponding right and obligations under Greek Inheritance Law. In case that the Greek Inheritance consists of real estate property, the Acceptance of heritance is accomplished through the execution of an acceptance of Inheritance Deed before a Notary Public. The inheritance through a will imposes tax obligations and submission for inheritance tax statement within a specific amount of time depending on the circumstances. The Civil Code enforces a minimum forced inheritance share which limits a testator’s ability to freely dispose of their estate. This provision prohibits a testator from excluding their close relatives from their will. These family members are entitled to a portion of the testator’s estate, with the minimum forced inheritance share equal to half of the legal inheritance share that each family member would received if the testator died without leaving a will. However, the minimum forced inheritance share is reduced if the testators made any contributions to the heirs while they were alive.
Read moreDept & Bankruptcy
Our Practice Areas Bankruptcy is a complex and challenging area of law that requires a high level of expertise and experience. At I.E Papaioannou, we are well-equipped to provide services to client in Greece and Internationally who are facing financial difficulties and are considering bankruptcy as a possible solution. Overview Our legal team has extensive experience in all aspects of bankruptcy as well as recovery debt law, including legal and regulatory framework governing related proceeding in Greece, the roles and responsibilities of the different parties involved and the various options available to debtors. We work closely with our clients to assess their financial situation and advice them on the best course of action. This may include alternatives to bankruptcy, various types of bankruptcy proceeding available under Greek law as well as possible solution for debt recovery after financial difficulties. If bankruptcy is the best option for our clients, we provide guidance and support throughout the entire process, from the initial filing of the bankruptcy petition to the discharge of debts. We assist with the preparation of all necessary documentation, including the bankruptcy petition, the list of creditors, and the debtor’s assets and liabilities. We also provide representation in court and before the bankruptcy trustee, ensuring that our clients’ interests are protected throughout the process. Additionally, we can provide assistance with all aspects of debt recovery, including pre-litigation negotiations, court proceedings, and enforcement of judgments. In the pre-litigation stage, we work closely with our clients to attempt to resolve the debt dispute through negotiation or mediation, aiming to achieve a satisfactory settlement for all parties involved. Our debt recovery services are not limited to domestic debts, but also cover the recovery of debts owed by foreign entities or individuals. We have significant experience in cross-boarder debt recovery and can assist clients with the recognition and enforcement of foreign judgments in Greece or the initiation of legal proceedings against foreign debtors in Greece.
Read morePublic & Administrative Law
Our Practice Areas Our firm has a proven track record of successfully managing cases and disputes involving private individuals and government agencies governed by public law. Overview Our Administrative and Public Law Practice offers comprehensive guidance to both public and private sector clients on both contentious and non-contentious matters related to State-awarded contracts, and other mixed-use entity projects, as well as public sector law. We assist our private sector clients with navigating the unique challenges of entering into commercial agreements with the State and complying with regulatory requirements in highly regulated industries. Our team has deep expertise in advising companies across a wide range of sectors on all aspects of their participation in public procurement tenders, including assisting successful bidders in entering into administrative contracts. We have significant experience representing both tendering authorities and bidders in tender procedures, including those related to government real estate assets, hospital supplies, infrastructure, construction, energy, utilities, defense, and technology. In the event of disputes arising from the award of tenders or during the course of public contracts, we advocate for our clients before tribunals, review boards, and courts in Greece and throughout Europe. Our areas of expertise encompass a broad range of public law matters, including administrative fines and sanctions, permits and approvals, social security legislation, public law contract opinions and drafting. Additionally, we are well-versed in the complex network of national and EU regulations and compliance requirements for obtaining permits and authorizations in a variety of industries. We also provide guidance on customs and trade notifications and represent clients in legal proceedings and government investigations arising from disputes related to permits and regulatory compliance.
Read moreLabour – Employment Law
Labor law is a critical component of business law and is therefore a significant focus of our work. Our expert legal team provides a range of employment law services to both employers and employees.
Read moreGDPR – Compliance
We understand the significance of safeguarding your company’s interests in accordance with the General Data Protection Regulation in the digital era. Our team of experienced lawyers is well-versed in the GDPR and has experience helping businesses in Greece meet their obligations under the regulation.
Read moreHospitality Law
We serve a wide range of entities within the Greek tourism sector, including hotels, Airbnb owners, companies, and service providers. Our extensive network of relationships with owners, investors, developers, and operators from around the world gives us the specialized knowledge necessary to tackle even the most intricate transactions.
Read moreProperty Law
At I. E Papaioannou and Associates, we provide comprehensive legal services for clients looking to buy, sell, or invest in commercial properties. Our experienced property law team is equipped to assist with all aspects of the process, from negotiating terms and conducting due diligence to preparing and finalizing sale contracts.
Read moreCommercial / Business Law
At our firm, we have a team of experienced lawyers who specialize in commercial and business law. We understand that running a successful business requires a strong legal foundation and we are dedicated to providing our clients with tailored legal services that meet their specific needs.
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