The Ports Regulatory Authority, following a question regarding the legislative framework governing the establishment of lease relationships in port areas, has drawn up a relevant opinion.
The relevant opinion makes a detailed reference to the provisions of the legislative framework concerning the lease regime within port areas in Greece.
In detail, the decision notes that in the context of the management of ports as common property by the Administration, it is possible, in accordance with the rule of article 970 of the Civil Code. to grant special rights over them to natural or legal persons, which are of a public and not private law nature and aim, primarily, to serve the commercial, passenger, shipping, tourist and fishing traffic and, in general, the operational needs of commercial ports without negating their common use.
Furthermore, the opinion points out that, specifically for designated tourist ports, their concession to a private management body or sublease to a private individual is governed by the provisions of paragraph 1 of article 33 of law 2160/1993 as regards its conclusion, while otherwise it constitutes a timeshare lease agreement for which the provisions of law 1652/1986 (A’ 167) and, in addition to the provisions of article 5 thereof, the provisions of the Civil Code are applicable. Furthermore, the management body may grant or lease to third parties, in particular for purely commercial activities, which are also governed by the legislative regime of timeshare leasing of Law 1652/1986 (A’ 167), supplemented by the provisions of the Civil Code on leases. As regards purely commercial activities, examples include the operation of restaurants or bars, tourist accommodation, houses and supply stations.
The conclusion of commercial leases pursuant to Article 4, paragraph 1, subparagraph d of Presidential Decree 34/1995 (A’ 30) is not permitted in ports and tourist ports.
