PROFESSIONAL LEASES: IN PARLIAMENT THE PROVISION OF EXTENSION FOR “CLOSED” BUSINESSES!

The relevant provision, which responds positively to the proposals submitted by POMIDA to the Minister of Development and Investments Mr. Adoni Georgiadis, with the central idea of ​​the simple logic of “How to support Tenants without destroying Landlords”, is as follows:

Article 111:Extension of business leases

With Article 86 of the same bill is suspended from the publication of this law and until 31.5.2021 every act of (a) confiscation, (b) auction, and (c) forced execution for the delivery or performance of real estate based on the summary of the assessment report according to article 943 and par. 2 of article 1005 of the Civil Code, on the main residence of natural persons who have a right in rem, exclusive or ideal share, full or partial ownership or usufruct in a property, which is their main residence and is located in Greece and are characterized as affected as defined in paragraphs 2 and 3, various categories of affected, among which d) natural persons, property owners, who received a reduced rent, according to relevant regulatory acts, and additionally meet the conditions of par. 4. During the period of the first paragraph, the deadlines for exercising remedies and aids related to the above acts of forced execution are also suspended.

Article 89: Extension of possibility of online General Assemblies of apartment buildings until 30.6.2021. 

Article 89 of the same bill extends for three months the right to convene, hold meetings and elections and make decisions using new technologies, of any private law legal entity or any legal entity, in particular the board of directors and the General Meeting of shareholders or partners, of all associations operating under the Civil Code or other private law legal entities with respect to some or all of the members them.

In this case, this invitation to the members includes the necessary information and technical instructions for their participation in the meeting, which will be held by any suitable telecommunication means , as well as by circulation, and for a period of time not exceeding 30.6.2021″.

The opinion of POMIDA and the Notarial Association is that the above legal entities and entities include co-ownerships on buildings that have been subject to the “Horizontal Ownership” legislation and therefore these potential arrangements also concern their General Assemblies. 

Article 83:  Provisions for the reopening of civil courts and the process of enforcement.

1. a) The period from 7.11.2020 until the end date of the imposition of the measure of the temporary suspension of the operation of the country’s courts and prosecutors’ offices, pursuant to the joint ministerial decision of article 11 of the Legislative Content Act of 11.3.2020 (A’ 55), which was sanctioned by article 2 of Law 4682/2020 (A’ 76), is not counted in the legal and judicial deadlines for the carrying out procedural and extrajudicial actions, as well as other actions before the courts, notaries as auction officers, mortgage registrars, land registry offices and other third parties, as well as the limitation periods for related claims. After the expiration of the time period of the first paragraph, these deadlines run for as long as there is time left to complete the corresponding deadline provided by law. The deadlines suspended according to the previous paragraphs, are not completed, if an additional ten (10) days do not elapse from their intended expiration.

b) The periods of total suspension of operations in local judicial formations, pursuant to the joint ministerial decisions issued to take emergency measures to protect public health from the risk of further spread of the COVID-19 coronavirus and concern the period from 16.10.2020 to end date of the imposition of the measure of the temporary suspension of the operation of the country’s courts and prosecutors’ offices, are not counted in the deadlines of articles 215, 237 and 238 of the Criminal Code, as well as in the deadlines defined in the provisions of Law 2915/2001 (A’ 109 ), as amended by Law 4055/2012 (A’ 51).

c) The time intervals of any total suspension of operation in local judicial formations, by virtue of corresponding joint ministerial decisions issued to take emergency measures to protect public health from the risk of further spread of the COVID-19 coronavirus and concern the time period from 1.12.2020 to the end date of the imposition of the measure of the temporary suspension of the operation of courts and the country’s prosecutor’s office, are not counted in the deadlines provided for in articles 4F, 4H, 4Θ, 4I, 4IA, 4IB and 4ΙΣ of Law 3869/2010 (A’ 130).

d) The time period from 1.12.2020 to the end date of the imposition of the measure of the temporary suspension of the operation of the courts and the prosecutor’s offices of the Country, is calculated in the deadlines provided for in article 4D of Law 3869 /2010, as extended by article 62 of Law 4765/2021 (A’ 6), where there were interim periods of suspension of deadlines and total suspension of operations in local judicial formations as a result of the decisions issued to take emergency measures to protect public health from the risk of further spread of the COVID-19 coronavirus. These deadlines are not fulfilled unless an additional fifteen (15) days have passed. The deadlines provided for in Article 4D of Law 3869/2010, which expired on 31.1.2021, 28.2.2021 and 15.3.2021, will not be completed unless an additional five (5) days have passed.

e) The time period from 18.1.2021 to the date of reopening of the country’s courts and prosecutor’s offices is calculated in the legal and judicial deadlines provided for in articles 68 et seq. of Law 4307/2014 (A ‘246), in which the procedural acts and actions defined in articles 68 et seq. of Law 4307/2014 are also allowed, with the exception of any intermediate periods of total suspension in places, as a result of relevant issued regulatory acts. The same applies to the procedural acts and actions defined in article 14a of Law 3429/2005 (A’ 314), for the period of time during which they were permitted as a result of relevant issued regulatory acts. Excluded from the provisions of this article is the deadline of paragraph 3 of article 69 of Law 4307/2014 for which the provisions of Article 9 of Law 4783/2021 (A’ 38) apply.

2. In the event that the discussion of a case of any degree of jurisdiction and any procedure was canceled during the suspension of the operation of the courts due to the emergency measures to protect public health from the COVID-19 coronavirus pandemic, it is defined ex officio, by act of the president of the department or the head of the court, new day and time of hearing in the audience at the earliest available hearing. The registration of the case in the relevant board or exhibit, which can also be kept electronically, is done at the initiative of the secretary and is valid as a summons to all parties. For the information of the parties, and in any case not under penalty of invalidity, the new hearing is notified by the secretary to the bar association of the seat of the court. In the cases with the Greek State as a party, the secretary of the court notifies the Central Service of the Legal Council of the State of the new hearing with the relevant board or exhibit. Also on the initiative of the secretary, the new trial can be notified by sending an email to the email address of the parties or by posting on the portal of digital court services solon.gov.gr for all courts and procedures that have been included in the system in question.
3. With the reservation of articles 237 and 238 of the Civil Code in the first and second degree, as in the Supreme Court, in the shortest available hearing, the President of the department or the President of the court allocates time, within that day, the registered on the board or exhibit cases and this distribution at the initiative of the secretary is subsequently notified, and in any case no later than the previous working day of the trial, to the parties or their attorneys, by sending an electronic message to the relevant bar association, to the Central Service of the Legal Council of the State and in addition to their e-mail address, if known, or by posting on the solon.gov.gr court digital services portal for all courts and proceedings that have joined the system in question. In these cases, the possibility of postponement is provided free of charge, i.e. without payment of stamp duty and postponement fee and without the commitments of article 241 of the Civil Code. The adjournment may also be granted without representation of the attorneys at the hearing during the presentation of the case from the relevant board or exhibit on the day of the trial, as long as these attorneys formulate a relevant request in their joint irrevocable statement, according to par. 2 of the article 242 of the Civil Code and by way of derogation from par. 2 of article 115 of the Civil Code, which is submitted to the relevant court registry via e-mail no later than 12:00 p.m. on the previous working day of the trial.
4. In the same cases , if all the parties do not wish to examine during the discussion of the cases a witness, they can declare this to the court registry by e-mail, at the latest until twelve o’clock on the working day before the trial, in order for the discussion of their case to be set at the beginning of the table or exhibit.
5. The parties may submit affidavits taken before a lawyer of the seat of the court or the residence or residence of the witness during the procedure of articles 422 to 424 of the Criminal Code, as it is completed with the following verses. The affidavit cannot be taken before the attorneys for the parties. Immediately after receiving the affidavit, the lawyer before whom it was given, sends it electronically to the bar association to which he belongs and receives an electronic receipt. With the electronic receipt, the affidavit acquires a certain date and a unique number. The lawyer provides copies of the affidavit together with the above electronic receipt. Similar copies are also provided by the relevant bar association through the online portal portal.olomeleia.gr. The records of the affidavits taken before a lawyer pursuant to this, are kept at the relevant bar associations, in accordance with the decisions of their boards of directors. Affidavits before a lawyer can also be taken for disputes or cases of special procedures, voluntary jurisdiction, land register and injunctive measures, applicable to the rest of the more specific provisions.
6. In the pending cases of the old regular procedure of the Multi-Member Court of First Instance, as well as in the pending trials before the Court of Appeal, which relate to in absentia decisions, which had been issued in the same procedure, if the time before the hearing, which must be submitted at the latest, the proposals and contradictions of the parties, falls within the case. A period of suspension of the country’s civil courts, and the parties have not already submitted proposals and contradictions by their relevant evidence and procedural documents, the relevant trials, which have been determined at the time of the expiry date of the imposition of its measure. Temporary suspension of the operation of the country’s courts and prosecutors are postponed on its own motion and by act of the President of the Three -Member Council or President of the Department is appointed at the day and time of discussion at the hearing at the shortest case available. The case is registered on the relevant table, which can be respected electronically, is initiated by the Secretary and applies as a summons of all parties. In order to inform the parties, and however, not on a penalty of invalidity, the new trial is notified by the Secretary to the Bar Association of the Court of Justice. In the cases by the Greek State, the Court Secretary notifies to the Central Office of the State Legal Council the new hearing with the relevant table or exhibit, if it includes such cases. Also on the initiative of the Secretary, the trial designated by sending an e -message to the E -mail address of the parties or by posting the Solon.gov.gr Digital Services Portal for any courts and procedures have been included in the system. >
7. If the deadlines referred to in Article 228, (b) of Article 591 (1), para or expire within the period of suspension and the remaining time of completion, as defined in para CCP. of his/her discussion of the relevant application or stipulated that they are valid on the condition of this discussion, are automatically cited until the new trial, which will be defined. The courts of the country is not sufficient to comply with the deadlines for exercising the additional reasons or the appeal, the debate is compulsorily postponed at the request of the parties, free of charge and without the commitments referred to in Article 241 of the Code. In the pending cases before the Supreme Court or the above exercise of the additional grounds of appeal in the new trial is admissible. In the above cases, the failure to exercise the additional reasons or responding by the party that requested the postponement resulting in the imposition of a penalty under Article 205 of the Code of Civil Procedure
8. in the pending cases before the Supreme Court, when The deadline for submitting the proposals under Article 570 (1) of Article 570 of Article 570 of the Code of Civil Procedure has expired or expired within the suspension of the operation of the country’s civil courts, but the debate of the country, but the debate of the country. Appeal has been determined at a short time of completing the above deadlines, the person having the corresponding burden of a party to apply for the appeal of the appeal is entitled to. In such cases, the Court is obliged to grant a postponement, free of charge and without the commitments referred to in Article 241 of the Code. If the party does not take the actions for which the postponement was granted, he/she is imposed by Article 205 of the Code of Civil Procedure
9. auctions related to the debtor’s mobile property (with the exception of things underlying), real estate , ships and aircraft, whose auction day has been set during the period from the date of reopening of the country’s courts until 13.5.2021. They are frustrated. For the auctions that have been canceled from 7.11.2020 to 13.5.2021, at the initiative of the Accessor is set, within thirty (30) days of the publication of the present and with the initially estimated value and price of first bid in the second subparagraph. of paragraph 1, c. Article 954 of Article 973, paragraph 2 of Article 993 of the Code of Civil Procedure, para 17/ 13.8.1923 (A ‘224), unless before the start of the suspension of the deadlines, that is, 7th.11.2020, as defined in para 934 CCP or the already discussed opposition had been discussed, so the new auction day is set for the time limit of Article 973 of the Code of Civil Procedure, even before 16th.7.2021. If the expedient does not specify a new auction day within the above deadline, then each lender, if it has a claim against the debtor, which is based on an enforceable title, after delivering to the one against whom the execution is directed, a check for execution, can speed up the auction, which in any case cannot be carried out before 16.7.2021 in this case. For auctions under the Code of Public Revenue Collection (Law 356/1974, A ’90), the provisions provided for in there, and the auction is also set at a new date after 13.5.2021. Auctions determined to take place after 13.5.2021, are canceled if the time until they are carried out is not sufficient to comply with the deadlines for the determination of the arrest debate under Article 933 of the Code of Civil Procedure and the issuance of the decision. on the opposition under paragraph 6 of the same article. The new day of these auctions shall be set for the time -limit of Article 973 of the Code of Civil Procedure
10. In the case of auction day designation pursuant to Article 966 of the Code of Civil Procedure, when any time limit for this article falls, at least in part, within the Time from 7.11.2020 to 13.5.2021, the auction is canceled and a new auction day is set even before 16.7.2021, with the deadlines provided for in the relevant provisions. , in accordance with Article 973, paragraph 4 of Article 1006 and paragraph 4 of Article 1011A of the Code of Civil Procedure, with a designated day of the day until 13.5.2021, are canceled and a new auction day is set even before 16.7.2021, in accordance with of the deadlines provided for in this provision.
11. From the date of reopening of the country’s courts and prosecutors, all procedural acts and actions laid down in Articles 68 et seq. 4307/2014 and Article 14A of Law 3429/2005 are allowed and the legal and judicial deadlines for their execution. 12 and 13.