Kalagiakos law office provides specialized law services in one or more of the areas cited hereinafter, covering both national and European Union law.
- International Law and International Commerce
- Transportation and Logistics Law
- Insurance Law
- Real Estate
- Inheritance law & succession
- Trademarks and Designs
- Pharmaceutical and Regulatory Law
- Claim Management
International Law and International Commerce
Our law office has always offered its services in private international law, international commerce and in the management of all transnational legal questions. It has special competence in drawing up and revising contracts, particularly commercial distribution contracts (including agency, sales concessions and franchising), intellectual property, transport and international sales. Our services include the provision of advice and assistance to foreign clients who have to deal with Greek law, as well as to Greek clients having to operate outside domestic borders and deal with foreign counterparts.
Transportation and Logistics Law
Transport law, involving shipping by land, sea or air, is the expression of trade par excellence. It is governed by regulation and case law which are in constant evolution. Transport law and logistics law have numerous peculiarities, e.g. the application of national regulations in connection with international agreements, short limitation periods that require quick action, damage limitation.
Our office has considerable experience in the field of Transport /Logistics Law– specifically occupying ourselves with the foundation and organization of transport and logistics companies, catering to their current needs, as well as counselling & litigation on disputes arising from their operation.
Our clients perform transports in any possible mode (road, rail, truck, aviation, multimodal transport) and are providers or commercial users, subcontractors, freight forwarders of transportation and logistics services. We also provide legal services in the following areas:
- road commercial transports (national-international), procedure of establishment and operation of transportation companies and issuance of truck licenses according to Greek law 3887/2010 and all relevant Ministerial Decisions, Circulars and legislation; regulatory compliance;
- Drafting, commenting and providing legal opinions on corporate contracts of any kind by and between carriers and/or transport agents and their customers, suppliers and partners;
- we are specialized in drafting international transport terms and rail, road, sea, aviation transport contracts, disputes, liability & proceedings under COTIF/CIM, CMR, Warsaw & Montreal Conventions, Hague Visby – Hamburg Rules, Greek Commercial Legislation and Maritime Code;
- cargo claims, claims for losses and damages occurred during the transport (delivery-rejection of goods, reservations, defective packing – product liability), applicable law & Jurisdiction;
- obligations, rights and liability for the carrier and/or transport agent and the consignee, claims and actions;
- Incoterms 2020 (International Commercial Terms);
- international Carriage of Dangerous Goods by Road (ADR agreement), by Rail (RID Convention) and by Sea (IMDG Code); Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP);
- contract structuring on issues of transportation (freight, suppliers, agents, subcontractors, framework agreements, bills of lading);
- contract structuring in the field of logistics (warehousing, consignment, packaging, logistics services etc.); Legal services to transporters, logistics service providers and subcontractors covering licensing procedures and construction of logistics centers and warehouses, including environmental factors;
- Legal services to our clients covering all questions around the transport law which interface with other legal areas, such as labour, tax, criminal and administrative Law, including relationships with administrative authorities;
- Handling matters related to insurance law issues with emphasis on Hull insurance, P&I insurance, Liability insurance, Cargo insurance and Personal injuries insurance.
Our office represents, advices and assists our clients in their property and real estate projects in Greece either for commercial or residential use. This includes questions relating to tax law and to succession law issues. We offer solutions, from choosing the right property and assessing it, to the notarization of the purchase contract. For the quality of our services, we are trusted by many foreigners as well as Greeks of the Diaspora. Our services include:
- Legal research in Land Registries and National Cadastre to verify the legal status of the property at issue (title deeds, legal burdens: free of any liens, faults, encumbrances, claims etc.);
- Negotiations with sellers/buyers to finalize the terms of the transaction;
- Undertake all relevant currency procedures (opening of bank accounts) and taxation procedures (issuance of Greek Tax Identification Number for foreigners);
- Confirm through impartial Greek appraisers the property’s true market value;
- Draft and duly execute the Deed, also arranging for its proper registration with the competent Land Registries in Greece;
- Representation in the signature procedure before the notary (if need be);
- Representation in court proceedings in case of real estate related litigation and dispute resolution;
- Real estate and property management services, such as finding tenants, representing the Principal in lease contracts, collecting rents from tenants, being responsible for maintenance and repairs etc;
Our law office also provides all related services concerning the Golden VISA Greece Program / the Golden Visa Greece Residency: Non-European Union citizens owning or purchasing property over the value of 250.000 EUR can acquire a valid residence permit in Greece, renewed every five years, granting them and their families with permanent Residence Permits enabling passport-free movement across the EU/Schengen Area.
In the event of purchases toward the Golden Visa Greece Residency we provide the following additional services:
- Collecting all necessary documentation for the residence permit application;
- Submitting the application and documentation with the competent immigration office;
- Receiving the Permit on your behalf;
- Advising on any tax related matters.
Please contact us for more information on our services, rates and cost for advice and representation.
Inheritance law & succession
Greek inheritance law is complex and differs considerably in important areas from that of other states. If you are planning or currently involved in an inheritance with a connection to Greece – whether because one of the party lives in Greece or because assets are located in Greece – it is advisable to consult a lawyer specialising in Greek inheritance law.
Our specialists in inheritance law and tax advisors advise wealthy individuals and entrepreneurs on all legal and tax issues relating to succession.
Services of our specialists for inheritance law and tax advisors
- Planning and structuring Greek and international inheritance cases through wills
- Settlement of inheritances in Greece and abroad
- Inheritance proceedings before Greek probate courts
- Extrajudicial and judicial representation in inheritance disputes
- Inheritance tax returns
Important topics in Greek inheritance law
- When is Greek inheritance law applicable, and when do Greek courts have jurisdiction? As a rule, each state involved decides which country’s inheritance law applies to international or cross-border inheritances from its own point of view. Greece and the EU states have agreed, within the framework of the EU Succession Regulation, that it is not the citizenship of the testator but his or her last habitual residence which should be the deciding factor when it comes to the question of which inheritance law applies. For example, a German living in Greece will inherit according to Greek inheritance law unless he chooses German inheritance law by way of a choice of law clause. Under the EU Succession Regulation, the question of whether a Greek probate court is competent to issue a certificate of inheritance or a European Certificate of Succession also depends on the last habitual residence of the testator. If this was in Greece, international jurisdiction lies with the Greek court.
- Statutory inheritance law and structuring of inheritance by will
- Winding-up of an inheritance in Greece
- Inheritance disputes in Greece
- Inheritance tax in Greece
Inheritance cases with an international dimension also require special knowledge. It is also important to have expertise in areas related to inheritance law. These include, for example, tax law, commercial law, family law, and charitable-foundation law.
Trademarks and Design
Intellectual property rights are of great value to most companies and are often the result of considerable investment.
Regardless of whether you wish to expand your business operations in Greece by setting up a branch, or whether you are considering the possibility of appointing a commercial agent, a distributor or a franchisee in Greece to market your product, there is a number of Intellectual Property considerations which you should examine. Registering your trademarks in Greece should be one of your primary concerns.
Having registered your trademark abroad (unless of course you have obtained a community trademark) does not prevent others from using, or even registering your trademark in Greece.
The new Greek Trademark law 4679/2020 finally transposed Directive (EU) 2015/2436 in Greece and efficiently approximates the treatment of the national trade mark to that of the EU trademark, as regulated by the EU Regulation 2017/1001. The law 4679/2020 introduces very important changes, which, however, have been mostly tested at the EU level. It reinforces competition mainly by fostering innovation whilst confining the scope of trademark protection, as it does so by streamlining it, putting more emphasis on the issue of trademark use rather than on the typical aspect of its registration.
Our law office provides all related services concerning trademarks, for example:
- Clearance searches covering any number of jurisdictions in Europe and in EU
- Coordination of clearance searches outside Europe
- Νational Registrations
- EU Trademarks
- Advice on optimal specifications
- Advice on availability for registration including possible alternatives
- Any proceedings before the EUIPO (EUTM applications, recordals, oppositions, cancellations, appeals)
- Handling of applications to the General Court in Luxembourg
- International trademark Registrations
- Coordination of National Registrations (worldwide)
- Monitoring / Watch Service – EUTMs, National Marks in the EU
- Contentious proceedings (Oppositions, cancellations) before the National Trademark’s Office and before the EUIPO
- IP Litigation
- Advice on Trademark Enforcement in Europe, in particular
- Pan-European enforcement of EU trademarks
- Relationship between national and EUIPO proceedings regarding the validity of EU trademarks
- Choice of venue
- Coordination and management of complex proceedings
- Alternative dispute resolution
- Amicable settlements (coexistence agreements, license agreements)
- Mediation and arbitration
- EU Customs enforcement
- Prosecution before the Greek Patent and Trademark Office
- Prosecution: design applications before the EUIPO
- Cancellation proceedings before the EUIPO
- Advice on registered and unregistered designs
- Enforcement – advice on litigation in the EU
Pharmaceutical and Regulatory Law
We are specialize in the field of claim management/debt collection and are thus able to relieve our clients from the first reminder, through a judicial summons in a legal proceeding and finally to recover claims by execution.