The Legal Council of the State (N.S.S.) issued an opinion in favor of the Greek state accepting the out-of-court request–proposal for a settlement of the dispute submitted by the company “TOURISTIC–ENTERTAINMENT–SPORTING ACTIVITIES TAKOLAS S.A.”
Specifically, at the related session discussing the matter, the rapporteur and co-rapporteur presented their recommendation regarding the out-of-court request–proposal, in which the above company proposed that the Greek state pay it, for the purpose of an amicable settlement of the existing dispute, 70% of the interest-bearing compensation awarded by the final decision of the Single-Member Court of First Instance of Athens, provisionally enforceable, amounting to 1,424,113.12 euros, i.e., a sum of 996,897.18 euros, waiving the remaining 30% of this amount, i.e., 427,215.94 euros, as well as all interest on the awarded amount of 147,255.39 euros and the awarded legal costs of 15,470.08 euros.
With the above decision, the plaintiff’s claim for compensation for damages to the accommodation spaces and losses to the movable equipment of the CASA LA MUNDI hotel, owned by it in Panorama, Grevena, was partially accepted. These damages were caused by newly arrived third-country and stateless citizens who stayed there during the lease agreement (August 19, 2020, to February 19, 2021), concluded between the company as lessor and the Greek state (as lessee) to cover their accommodation needs.
Subsequently, after discussion among the members of the Section and a vote, the Legal Council of the State (4th Section) unanimously issued an opinion in favor of the partial acceptance by the Greek state of the out-of-court request–proposal for a settlement of the dispute by “TOURISTIC–ENTERTAINMENT–SPORTING ACTIVITIES TAKOLAS S.A.” for the total amount of 850,000 euros. This is because the amount is considered reasonable and in the interest of the Greek state, for the reasons detailed in the recommendation and according to the specific views expressed orally during the discussion by the members of the Section.
The partial acceptance by the Greek state of the out-of-court request–proposal applies for a period of 2 months from the notification of the legally approved present Minutes to the lawyer of the applicant who signed the above request or to its legal representative. Upon the expiration of the above period without action, the present Minutes automatically become null and void and produce no legal effect or obligation on the part of the Greek state toward the applicant. Similarly, the present Minutes automatically become null and void, as above, if within the above 2-month period the applicant serves the decision of the Single-Member Court of First Instance of Athens on the Greek state or proceeds with its enforcement against it.
The one-time payment of the above amount of 850,000 euros, from which any lawful deductions will be made, will be made interest-free and under the absolute conditions that, during the execution of the present Minutes, the applicant will declare, by sworn statement, that it explicitly and unreservedly accepts the content and terms of the present Minutes, that the above amount fully and completely satisfies its claim, and that it waives any further claim against the Greek state arising from the above cause, and will pay the necessary fee.
