ARTICLES

11 Nov 2024 | in ARTICLES, Employment law, by

C-441/2023: The ECJ interprets Article 3(1)(b) of the Directive on temporary agency work, significantly reinforcing its protective framework

The recent ECJ ruling on Article 3(1)(b) of Directive 2008/104/EC has significant implications for temporary-work agencies across Europe, being particularly relevant for Greek enterprises, which use service contracts for the assignment of workforce. This article delves into the legal nuances and potential ramifications of this landmark decision. READ FULL ARTICLE

07 Aug 2024 | in ARTICLES, Tax law, by

The New Tax Procedure Code: A Comparative Study of the Significant Changes Enacted by Law 5104/2024 (in Greek)

Law 5104/2024 aims to modernize tax processes, introducing digital communication between taxpayers and authorities, and automating annual returns for individuals; it updates deadlines for submissions and revises audit initiation criteria; it also adds a new basis for extending the 5-year statute of limitations. This article explores these and other changes, providing detailed descriptions and commentary on their potential implications and effects. READ FULL ARTICLE

23 Jul 2024 | in ARTICLES, Corporate law, by and

Adoption of restrictions with regard to Disqualified Directors – Law 5122/2024

By virtue of Law 5122/2024, the provisions of Directive (EU) 2019/1151 relating to “disqualified directors” were transposed in Greek legislation. The newly adopted measures aim to prevent fraudulent or other abusive behavior by refusing the appointment of a person as a director of a company, taking into account the former conduct of that person in their own territory, as well as on the basis of information provided from other Member States. READ FULL ARTICLE

05 Jun 2024 | in ARTICLES, Litigation & Arbitration, by

The use of Email, SMS and App Messages as evidence in civil trials

This article discusses the use of Email, SMS, and App Messages as evidence in civil trials, focusing on their evidential value and the challenges related to the authenticity of such communications, as determined by decision no. 659/2023 of the Piraeus Court of Appeals. It also examines the issue of confidentiality of communications and the need for legal recognition of electronic documents as reliable evidence, under certain criteria. READ FULL ARTICLE

30 May 2024 | in ARTICLES, Personal data protection - Intellectual Property, by and

The validity of consent in “Consent or Pay” models for behavioural advertising

In November 2023, Meta Platforms Inc. updated its Privacy Policy in relation to behavioural advertising in the European Economic Area (EEA). Users of Facebook and Instagram in the EEA are hereinafter asked to choose between consenting on the processing of their personal data for behavioural advertising purposes or paying a fee for using the platforms READ FULL ARTICLE

15 May 2024 | in ARTICLES, Tax law, by and

Formation of the price of shares acquired by natural persons according to art. 42 of the Income Tax Code (ITC) and circulars E.2171/2021 and E.2016/2024 – A brief commentary

A different treatment referring to the formation of share acquisition price by natural persons is reserved to shares originating from the capitalization of premium as opposed to shares originating from the capitalization of profits. The article, which has been originally published in the digital journal “Epixeirisi” issued by Nomiki Bibliothiki (issue 4/2024) demonstrates the differences through practical examples and discusses whether such treatment is justified. READ FULL ARTICLE

04 Apr 2024 | in ARTICLES, Tax law, by

Artificial arrangement spotted by the Dispute Resolution Directorate: The establishment of a shell company in Bulgaria

The tax audit authorities recently examined the establishment of a company in Bulgaria through the general anti-avoidance rule and confirmed that an artificial arrangement had taken place, with the sole purpose of reducing tax burdens. The entrepreneur challenged the tax findings before the Dispute Resolution Directorate, however all arguments raised were confuted and Greek tax was imposed on the revenues generated from the Bulgarian company. READ FULL ARTICLE

19 Feb 2024 | in ARTICLES, Public law – Public procurement, by

Court of Auditors: An economic operator lending technical and professional capacity is not necessarily a subcontractor

Regarding the controversial issue of the relationship between reliance on third parties’ capacity and subcontracting, the Court of Auditors with its recent decision1638/2023, in alignment with judgment of the EU Court of Justice of 26.1.2023 in case C-403/21, ruled that an economic operator that lends technical and professional capacity to another economic operator to participate in a public tender is not necessarily a subcontractor, quoting an interesting analysis of the meaning of article 78§1 of Law 4412/2016 and the genuine intention of the parties in relation to the participation of the third-party lender in the execution of the contract. READ FULL ARTICLE

14 Feb 2024 | in ARTICLES, Competition law, by and

A revised Market Definition Notice has been adopted by the European Commission – Key takeaways

The European Commission adopted on 8 February 2024 the revised Market Definition Notice for the purposes of EU competition law, marking the first update since its adoption 27 years ago. The notice introduces a series of novelties in response to significant economic changes resulting from the rise of digital markets and globalization. The present article provides an overview of the key developments enshrined in the revised Market Definition Notice in relation to, inter alia, innovation-intensive markets, multi-sided platforms, digital ecosystems and global markets. READ FULL ARTICLE

05 Feb 2024 | in ARTICLES, Competition law, by and

Misleading discounts and unfair profitability: What businesses should know in order to avoid fines (in Greek)

In the past few months, the Hellenic Ministry of Development, together with the Interagency for Market Control (DI.M.E.A.), has conducted a series of inspections that led to the imposition of heavy fines to businesses that were found to have infringed the relevant legislation on misleading discounts and unfair profitability. By doing so, the Ministry of Development aims at responding to inflation pressures exerted on the Greek economy and combatting any profiteering practices exercised by businesses against consumers’ interests and welfare. The present article provides an overview of the relevant legislation in relation to misleading discounts and unfair profitability, as... READ FULL ARTICLE

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