Covid-19 and overriding mandatory provisions
By virtue of an ‘Act of Legislative Content’ pursuant to Article 44 Greek Constitution, the Hellenic Republic passed on April 13 a series of urgent measures for the overall protection of the public against the virus. Among the multitude of provisions emanating from various ministries, four articles feature an identical overriding mandatory rule.
In particular, the rule concerns four categories: Cancellation of flights [Article 61]; cancellation of marine transport (carriage of passengers) [Article 65]; package travel and linked travel arrangements [Article 70]; and contracts between tourism industry enterprises [Article 71]. The content of the provisions is common: instead of reimbursement, it offers the option of vouchers by carriers and businesses in the respective branches.
The wording is the following:
Provided that the pertinent rights are regulated by EU law, the above provisions shall additionally apply mandatorily to contracts concluded between the parties, irrespective whether they agreed on the application of Greek or foreign law.
Understandably, the above provisions raise interesting questions of PIL; Matthias Lehmann provided a first glance of the potential problems here.
This blog has dealt with the topic in respect to Italy here.
Dear Dr. Anthimos,
Many thanks for bringing this to our attention.
The content of this Act strikes me as it directly infringes art. 28 of the Greek constitution and EU law (Reg. 261/2004).
This comes after the comments by the EU Commissioner Reynders that all passenger rights stemming from EU law should be respected.