Supervisors info:
1. Αντώνιος Καραμπατζός, Αναπληρωτής Καθηγητής Νομικής Σχολής ΕΚΠΑ
2. Αριστείδης Χιωτέλλης, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
3. Θεόδωρος Λύτρας, Λέκτορας Νομικής Σχολής ΕΚΠΑ
Summary:
This study focus on the study of the legal nature of the concession agreement in the light of the new European Directive 2014/23 / EU as incorporated into the Greek legal legislation under Law 4413/2016 and the legal rights of the concessionaire in the event of breach of the contractual terms by the contracting entity, i.e the Greek State.
More specifically, the present study is analyzing (a) the nature of the Concession Agreement as an administrative contract and its distinction from a public contract; (b) the concession agreement as it was incorporated into the Greek legislation by Law 4413 / 2016, as well as its main features such as (i) the passage of operational risk to the investor and (ii) the ratification of the concession agreement as a Law; (c) the fundamental principles governing this type of agreements, with particular emphasis on the principle of proportionality . The legal nature of the concession agreement is analyzed in accordance with the theory and case law and arguments is put forward in favor of the private nature of the concession agreement and which, as explained, advocate the application of the provisions of the Civil Code for the mutual agreements. Furthermore, the main part of the present study shall be thoroughly analyzed, namely the case of the intervention of the Greek State in the breach of the contractual relationship (direct and indirect intervention) and the legal rights of the concessionaire in the event that the Greek State as a contracting authority interferes with the contractual relationship creating an economic imbalance between provision and consideration. At this section is also analyzed the case of the unforeseen change of the circumstances in the concession agreement as well as the twofold role of the public, namely as imperium and as a contractual party.
