Best Government Contract Lawyers in Elliniko

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Founded in 2007
2 people in their team
English
Law Office Tsimpas Mortzaki & Associates is a Greece-based boutique law firm located in Elliniko, serving clients across the Athens area. Founded by Konstantinos Tsimpas and Christina Mortzaki, the practice focuses on civil, commercial and employment matters, with additional expertise in social...
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About Government Contract Law in Elliniko, Greece

Government contract law in Elliniko follows the national public procurement framework of Greece, which implements European Union public procurement rules. Contracts awarded by state bodies, regional authorities and municipal entities in Elliniko are governed by national procurement legislation, general principles of administrative law and the specific procedural rules that apply to public tenders. Typical contracting authorities in Elliniko include the Municipality of Elliniko-Argyroupoli, regional public agencies, central government ministries when operating locally, and state-owned enterprises or utilities with operations in the area.

The legal framework aims to ensure equal treatment, transparency and competition in the award of public contracts. Public procurement is mostly conducted electronically through the national e-procurement system and is subject to administrative review and judicial remedies when bidders or third parties consider a process to be unfair or unlawful.

Why You May Need a Lawyer

Government procurement involves strict rules, tight deadlines and technical submission requirements. You may need a lawyer if you face any of the following situations:

- Preparing or reviewing a bid to make sure it meets legal and technical qualification requirements and minimizes grounds for exclusion or rejection.

- Advising on the correct procurement procedure to use, for example open procedure, restricted procedure, negotiated procedure or competitive dialogue.

- Challenging a procurement decision - for example where you believe evaluation procedures were flawed, excluded bids were unfairly rejected or the award criteria were applied incorrectly.

- Seeking interim measures to suspend an award or contract signature while a challenge is pending.

- Handling contract performance disputes, contract modifications, claims for additional payment or extensions of time.

- Advising on subcontracting rules, joint ventures or consortium formation and on compliance with qualification and experience requirements.

- Navigating procurement rules when a contract is financed by EU funds, which often adds layers of compliance and audit obligations.

- Responding to investigations, audits or allegations of corruption, collusion or other criminal or administrative breaches connected to procurement.

Local Laws Overview

Key aspects of the legal environment that are particularly relevant in Elliniko include the following:

- Legislative framework: Greek public procurement law transposes EU public procurement directives into national law. The main domestic procurement code sets out procedures, thresholds and formal requirements for contracts for works, services and supplies. This code has been amended several times, so up-to-date legal review is important before acting.

- Principles: Procurement follows core principles of equal treatment, non-discrimination, transparency, proportionality and mutual recognition of qualifications from other EU member states.

- Procurement procedures: Typical procedures include the open procedure, restricted procedure, negotiated procedure, competitive dialogue and framework agreements. There are simplified rules for low-value procurement and special regimes for utilities and defense procurement.

- Electronic procurement: Most public tendering is conducted through the national e-procurement platform. Electronic submission, publication and communication requirements are mandatory for many types of contracts.

- Thresholds and advertising: Contracts above EU thresholds must be advertised across the EU and follow stricter rules. Thresholds change periodically in line with EU law, so check current values before tendering.

- Remedies and appeal routes: Bidders can seek administrative review and can bring actions before administrative courts. Time limits for filing challenges are short. Interim relief may be available to suspend an award or signature pending the outcome of a claim.

- Sanctions and exclusion: Breaches can lead to contract termination, financial penalties, exclusion from future procurement for a period and, where applicable, criminal prosecution for corruption or fraud.

- Local government specifics: Municipal procurement in Elliniko is governed by the same national rules, but municipal procedures and local technical specifications require attention. Local authorities maintain their own contract documents, timetables and internal approval processes.

Frequently Asked Questions

How can I find public tenders issued in Elliniko?

Most public tenders are published electronically on the national e-procurement platform and are also often listed on contracting authorities' local websites or municipal boards. Notices are published according to the required precise format and content. If you are new to procurement, monitor the municipal procurement announcements and register on the national procurement platform.

Can a foreign company bid for a public contract in Elliniko?

Yes. EU law guarantees cross-border access to public contracts within the EU. Foreign companies from EU member states can bid if they meet the technical and financial qualification criteria. Non-EU companies may bid depending on the procurement rules, international agreements and specific contract requirements, but practical issues such as VAT, local representation and compliance with Greek law must be reviewed.

What are the usual deadlines for filing a legal challenge against a tender decision?

Deadlines are short and depend on whether you seek administrative review or file an action in an administrative court. Time limits often run from the publication or notification of the contested act. Because of the strict timing, contact a lawyer immediately if you plan to challenge a decision to ensure you do not miss the deadline for interim measures or full judicial review.

Can I request suspension of a contract award while my challenge is pending?

Yes. Interim relief is commonly available to suspend award decisions or contract signatures when the challenger can show a plausible violation and that immediate harm would result if the award proceeds. Courts or administrative bodies assess urgency and the likelihood of success on the merits when deciding suspensions.

What are the common grounds for challenging an award?

Frequent grounds include breach of procedural rules, unequal treatment of bidders, incorrect application of award criteria, material errors in evaluation, failure to respect exclusion or selection rules and procedural irregularities in the publication or bid opening process.

How are contract changes or variations handled after award?

Post-award changes are strictly regulated. Significant changes that alter the scope or nature of the contract may require a new procurement. Many minor variations are permitted if they fall within contract terms and comply with procurement rules, but any substantial modification risks legal challenge by disadvantaged bidders.

What should a bidder include in the bid to avoid exclusion?

Follow the tender documents exactly. Typical requirements include proof of legal status, tax and social security compliance certificates, financial statements, technical qualifications, references for past contracts, and declarations regarding conflicts of interest. Missing or incomplete documents are common reasons for exclusion, so careful compliance is essential.

Are there criminal risks associated with public procurement?

Yes. Acts such as bribery, bid rigging, fraud and corruption can lead to criminal investigation and prosecution. Administrative sanctions and exclusion from future procurement can also apply. Companies and individuals should implement compliance programs and avoid practices that could be construed as corrupt or collusive.

Do contracts funded by EU cohesion or structural funds have special rules?

Yes. Contracts financed by EU funds are subject to additional rules on transparency, eligibility of costs, audit trails and public procurement compliance. Beneficiaries should ensure strict documentation and may face audits by national and EU authorities for proper use of funds.

How do I choose the right lawyer for a procurement matter in Elliniko?

Look for lawyers or law firms with specific experience in Greek public procurement, administrative law and litigation. Practical experience with municipal tenders, knowledge of the national e-procurement system and a track record of handling remedy proceedings or contract disputes are valuable. Ask about fees, timelines and strategy for urgent interim relief if needed.

Additional Resources

When seeking more information or support, consider contacting or consulting materials from the following types of bodies and organizations:

- The municipal procurement office of the Municipality of Elliniko-Argyroupoli for local tender documentation and procedures.

- The national authority responsible for public procurement policy and guidance, which issues explanatory circulars and model documents.

- The national e-procurement platform for tender notices, tender documents and electronic submission procedures.

- The National Transparency Authority and other supervisory bodies that monitor procurement integrity and compliance.

- Administrative courts and legal information centers for procedural guidance and case law on procurement remedies.

- The local Bar Association, which can help you find qualified procurement lawyers experienced in administrative litigation.

- Business associations and local chambers of commerce, which often provide practical guidance and training on bidding in public tenders.

Next Steps

If you need legal assistance in government contracting in Elliniko, follow these practical steps:

- Gather all relevant documents immediately - tender notices, tender documents, submissions, evaluation reports, award notices and any communications from the contracting authority.

- Note any legal deadlines stated in the tender documents and any statutory limitation periods for challenges. Time is critical in procurement disputes.

- Contact a lawyer experienced in public procurement in Greece as soon as possible to evaluate your case, preserve evidence and consider interim measures if necessary.

- If you are preparing a bid, ask a lawyer to review your submission for compliance with documentation and qualification requirements, and to advise on risk management and subcontracting arrangements.

- If you plan to challenge a decision, consider both administrative remedies with the contracting authority and judicial remedies in the administrative courts. Ask your lawyer about chances of success, likely timeline and fees.

- Keep clear records of all communications and meetings with the contracting authority. Preserve original documents and file-stamped copies where relevant.

- If the contract involves EU funding or technical compliance issues, ensure your legal advisor has experience with the additional audit and reporting obligations that apply.

Acting promptly and working with a specialist lawyer will give you the best chance of protecting your rights and achieving a favorable outcome in government procurement matters in Elliniko.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.