The public procurement legislation of the Hellenic Republic (Greece) is primarily based on EU legislation, the principles enshrined in the EU Treaties, and the case law of the Court of Justice of the European Union (CJEU). As an EU member state, Greece has transposed the 2014 EU Procurement Directives into its national legal framework, specifically Directive 2014/24/EU on public procurement and Directive 2014/25/EU on procurement by entities in the water, energy, transport, and postal sectors. These EU Procurement Directives apply to procurement contracts above certain financial thresholds (see Question No. 3). However, the Greek legislator has chosen to extend the application of procurement rules to contracts below these EU thresholds as well. EU regulations relevant to public procurement are directly applicable within the Greek legal system.

Moreover, as part of its EU membership, Greece is a signatory to several bilateral and multilateral free trade agreements that include provisions on public procurement. Greece is also a member of the World Trade Organization (WTO) and is bound by the WTO’s Agreement on Government Procurement (GPA), which was ratified by Law 2513/1997.

All public contracts in Greece are governed by specific regulations, including those related to supply and service contracts, works contracts, and concessions. Special rules apply to contracts awarded in the water, energy, transport, and postal services sectors (the utilities sectors), as well as in the defence and security sectors.

The primary legislation regulating public procurement contracts in Greece is Law 4412/2016 on Public Procurement (the “Greek PP Act”), as amended. This law transposed the EU Procurement Directives 2014/24/EU (on public procurement) and 2014/25/EU (on procurement by entities in the water, energy, transport, and postal services sectors) into a single legislative act. The Greek PP Act establishes a comprehensive framework for procurement procedures applicable to all national procurement processes, regardless of whether they meet the relevant EU thresholds (see Question No. 3). It applies to central government, regional and local authorities, public authorities, associations formed by such authorities, and generally to entities governed by public law.

The following types of public contracts are covered by the Greek PP Act: a) Works contracts; b) Supply contracts; c) Service contracts, which are further classified into: ‘General services’, covering consultancy services across all sectors of the economy; and ‘Contracts for designs, technical, and other related scientific services’; d) Mixed contracts, which involve different types of the above-mentioned contracts; e) Social and other specific services, subject to a “light regime” for health, social, educational, and cultural services; f) Framework agreements; g) Contracts awarded by entities in the water, energy, transport, and postal services sectors.

Specifically, Book I of the Greek PP Act (Articles 3 to 221) contains provisions applicable to procurement procedures for public contracts related to works, supplies, services, and design tenders. Articles 116 to 128 of this book apply exclusively to procurement procedures that fall below the EU thresholds. Book II of the Greek PP Act (Articles 222 to 338) contains provisions for procurement procedures concerning public contracts in the utilities sectors (water, energy, transport, and postal services). Articles 326 to 333 of Book II apply only to procurement procedures that fall below the EU thresholds.

Law 4782/2021 introduced major amendments to Greek PP Act, aiming to modernize, simplify, and accelerate processes while reducing bureaucratic barriers. Key reforms included faster awarding and execution of public contracts, mitigation of overly strict provisions and a new “hybrid” judicial remedy. Following its adoption, the National Public Procurement Strategy (2021–2025) was updated with initiatives to streamline the institutional framework, promote digital transformation, and strengthen transparency through audits. A further update in 2024 reflected progress and set priorities for the strategy’s final two years. These reforms aim to address long-standing weaknesses in Greece’s procurement system. A 2023 European Court of Auditors report revealed that 42.8% of Greek public contracts were awarded with only one bidder, the EU’s fourth-highest rate, up from 14.9% in 2011. The 2023 EU Justice Scoreboard also highlights Greece’s poor performance in addressing delays in review proceedings, underscoring the need for continued improvement.

Greek PP Act is not applicable, save partially only (see below), in the defence and security sectors (Art. 15 of Greek PP Act), in the field of electronic communications and cybersecurity, in confidential pubic contracts, in privatization agreements.

However, certain main principles regarding transparency of the tendering procedure and equal treatment of participants apply in these cases as well.

The public procurement regulatory framework is complemented by legal provisions on specific public procurement issues, incorporated in other laws, as well as a number of presidential decrees/ministerial decisions. Procurement in the defence and security sectors is regulated mainly by L. 3978/2011 (implementing Directive 2009/81/EC). The award and execution of concessions contracts is governed by Law 4413/2016, which implemented Directive 2014/23/EU. Public-private partnerships (PPPs) are mainly regulated by Law 3389/2005.

There are different financial thresholds for each tender process, depending on the nature of the procurement, on the contracting authority at stake and on whether the contracting authority pertains to the traditional public sector or to the utilities or defence and security sectors.

According to Regulations (EU) 2023/2495, 2023/2496, 2023/2497, 2023/2510, the current financial thresholds at which public procurement regulations apply, which are periodically subject to revision by the European Commission, are for the period from 1st January 2024 to 31st December 2025, as follows (excluding value-added tax (VAT)):

• ΕUR 5,538,000 for all public works/construction contracts (including construction contracts in the utilities and the defence and security sectors) and for concession contracts;
• ΕUR 143,000 for supply and services contracts of ‘central government authorities’ (e.g. Ministries or local government bodies);
• ΕUR 221,000 for supply and services contracts of ‘non-central contracting authorities’ (i.e. all of the remainder except for ministries and local government bodies);
• ΕUR 443,000 for supply and services contracts in the utilities sectors;
• ΕUR 750,000 for social and other specific services listed under Annex XIV of Appendix A;
• ΕUR 1,000,000 for social and other specific services contracts in the utilities sectors listed under Annex XIV of Appendix A.

The determination of whether a public contract award falls above or below the applicable thresholds is based on the estimated value of the procurement, as assessed by the contracting authority. Articles 6 and 236 of the Greek PP Act establish distinct rules for calculating the estimated contract value, depending on the specific type of contract. The general rule for calculating the estimated value of a procurement is that it is based on the total amount payable, excluding VAT, as estimated by the contracting authority. This includes any options and contract renewals. For framework agreements and dynamic purchasing systems, the estimated value to be considered is the maximum potential value, excluding VAT, of all contracts anticipated over the total term of the framework agreement or dynamic purchasing system. In the case of public works contracts, the estimated value must account for both the cost of the works and the total estimated value of supplies and services provided by the contracting authority, insofar as they are necessary for the execution of the works (Articles 6, paragraphs 5 and 7 of the Greek PP Act).

Irrespective of their value, all tendering procedures are governed by the provisions of the Greek PP Act, which also regulates procurements below the thresholds established under EU law.

For the award of contracts that fall below the financial thresholds specified in Question No. 3, the Greek PP Act (Art. 117 et seq. and 326 et seq. for the utilities sectors) prescribes the following award procedures, depending on the estimated value of the contract:

• Contracts valued at EUR 2,500 or less: Such contracts are classified as de minimis and are exempt from formalities such as a call for interest, contract award, or written agreement. Payment to the supplier may be made solely based on the issuance of an invoice.
• Contracts valued at EUR 30,000 or less: Contracting authorities may employ a direct award procedure. According to the definition provided in the Greek PP Act, a “direct award” is a contract award procedure, conducted with or without prior publication (as applicable), in accordance with Art. 120 and 330, whereby the contracting authority/entity awards the contract to an economic operator of its choice following a market investigation.
• Contracts valued between EUR 30,001 and the financial thresholds established under EU law: A formal contract award procedure is required. Such procedures must be conducted electronically.
• Contracts concerning social and other specific services: Contracting authorities are exceptionally permitted to award such contracts through a direct award procedure for contracts with an estimated value of up to EUR 60,000.

The term “complex contracts” is not expressly defined under Greek legislation. However, under the interpretation of complex contracts provided herein, contracting authorities may utilize a competitive procedure with negotiation or a competitive dialogue to award a complex contract, pursuant to Article 26 of the Greek PP Act.

For contracts typically classified as “complex”, which are assumed to exceed the EU thresholds, the planned procurement must be published at the EU level in accordance with Article 65 of the Greek PP Act. Contracting authorities are required to submit contract notices and prior information notices containing the details set out in Annex V of Appendix A of the Greek PP Act. These notices must be completed using the standard forms specified in Annex VIII and submitted via the EU’s electronic database, Tenders Electronic Daily (TED). Once submitted, the information is published in Supplement S of the Official Journal of the European Union (OJEU).

Furthermore, contracting authorities are also obligated to publish the contract notice at the national level on the Central Electronic Register for Public Procurement (KIMDIS), accessible at https://portal.eprocurement.gov.gr, in compliance with Article 66 of the Greek PP Act.

For public contracts that fall below the EU thresholds but exceed €2,500—including those awarded via direct awards—contract notices and relevant information are only required to be published on the Central Electronic Register for Public Procurement (KIMDIS).

It is generally assumed that “complex contracts” typically fall above the EU thresholds, and the standard procedures for procuring such contracts are the open or restricted procedures. Certain procurement procedures—such as restricted procedures, competitive procedures with negotiation, and competitive dialogue—include an initial stage for selecting bidders eligible to submit bids. According to Art. 84 of the Greek PP Act, contracting authorities in these procedures may limit the number of candidates who meet the selection criteria and are invited to tender, provided that a minimum number of qualified candidates is available. Specifically, for restricted procedures, the minimum number of candidates is five, while for competitive procedures with negotiation, competitive dialogue, and innovation partnerships, the minimum number of candidates is three.

In procedures with an initial selection stage, contracting authorities must specify, in the contract notice or the invitation sent to selected candidates, the qualification criteria they intend to apply, as well as the minimum and, where appropriate, the maximum number of candidates. These criteria must be objective, non-discriminatory, and proportionate, ensuring fair competition and equal treatment of bidders while enabling them to understand the nature and scope of the contract.

Under Article 75 of the Greek PP Act, contracting authorities may impose selection criteria only in relation to:

• Suitability to pursue the professional activity associated with the contract (e.g., membership in professional bodies, possession of required licenses; specifically, for works, designs, and technical services contracts, bidders must be registered in the “Register of Contractors’ Enterprises” maintained by the Greek Ministry of Infrastructure);
• Technical and professional ability of the bidders and their personnel (evidenced, for example, by references to prior performance on contracts of similar nature and scale);
• Economic and financial capacity of the bidders.

The contracting authority is required to verify the bidders’ fulfillment of technical and professional capacity criteria as outlined in their declarations. Verification must follow the prescribed means of proof exhaustively listed in Annex XII of Appendix A of the Greek PP Act (equivalent to Annex XII of Directive 2014/24/EU). This framework establishes a closed system for assessing and controlling the technical capacity of bidders, limiting the authority’s discretion to define corresponding requirements. These qualification criteria are designed to ensure that only eligible bidders, capable of delivering high-quality performance, are invited to tender and, where permitted, to negotiate or engage in dialogue with the contracting authorities. Regarding the content of bidder selection requirements, there are no significant differences among the various regulated sectors.

Under the Greek PP Act, which aligns with the EU Procurement Directives, both mandatory and discretionary grounds for the exclusion of bidders are prescribed. These grounds, outlined in Articles 73 and 74, are as follows:

Mandatory Grounds for Exclusion: Contracting authorities are required to exclude an economic operator from participating in a tendering procedure if:

1. The economic operator or its legal representative(s) (e.g., members of the board, directors, managers) has been convicted by a final judgment for specific criminal offenses, including:
   • Participation in a criminal organization;
   • Crimes against the EU’s financial interests;
   • Corruption, bribery, fraud, forgery, embezzlement;
   • Terrorist offenses or offenses related to terrorist activities;
   • Money laundering or terrorist financing;
   • Child labor or human trafficking.
2. The contracting authority is aware that the economic operator has breached obligations related to the payment of taxes or social security contributions:
   • In the bidder’s country of establishment or the country of procurement;
   • As determined by a final judicial or administrative decision.
3. Breaches of such obligations are not grounds for exclusion if the amounts are not due, are subject to a binding settlement being observed, or if the economic operator has resolved the matter. In exceptional cases, authorities may refrain from exclusion if public interest demands, such as for public health or environmental protection, or if the breach is minor or disproportionate (e.g., small unpaid amounts).

3. National Grounds for Exclusion: Under Article 8(4) of Law 3310/2005, economic operators are excluded from Greek public procurement procedures if the contract value exceeds EUR 1,000,000 (excluding VAT) and provisions requiring registration of shares apply. This includes prohibitions on media corporations and their major shareholders signing public contracts.

Discretionary Grounds for Exclusion: Contracting authorities may, at their discretion, include the following grounds for exclusion in procurement documents, considering the nature of the contract (e.g., value, circumstances):

• Failure to comply with environmental, social, and labor law obligations under EU law, Greek legislation, collective agreements, or international conventions;
• Bankruptcy, liquidation, compulsory management, bankruptcy settlement, or business suspension;
• Serious professional misconduct;
• Collusion with other bidders to distort competition;
• Unresolvable conflicts of interest;
• Distorted competition due to prior involvement in contract preparation;
• Serious or recurring defects in performing prior public contracts or concessions (e.g., early termination, damages);
• Fraudulent misrepresentation, concealment of required information, or inability to provide required documents;
• Attempts to unlawfully influence decision-making, obtain confidential information, or provide misleading information negligently or deliberately.

Self-Cleaning Mechanism: Economic operators subject to exclusion may undertake a “self-cleaning” process under Article 73(7). By demonstrating sufficient corrective measures, they may prove their reliability and suitability despite applicable grounds for exclusion. Such measures include:

1. Paying or committing to pay compensation for damages caused by the misconduct;
2. Cooperating actively with investigating authorities to clarify facts;
3. Implementing technical, organizational, or personnel measures to prevent recurrence.

Authorities will evaluate the sufficiency of these measures based on the severity and circumstances of the misconduct. If deemed adequate, the operator will not be excluded; otherwise, exclusion will apply, with the operator notified of the reasons to enable legal challenge.

Horizontal (Administrative) Exclusion: Economic operators may face administrative exclusion from future public procurement and concessions if they fail to undertake necessary self-cleaning measures. The duration of exclusion is proportionate to the gravity and circumstances of the offense or misconduct, with a maximum period as follows:

• Mandatory Exclusion Grounds: Up to five years from the date of conviction (Article 73(1)).
• Discretionary Exclusion Grounds: Up to three years from the date of occurrence.

Exclusion periods not set by final judgment are capped at these maximum durations.

Register of Excluded Economic Operators: The National Public Procurement Database, maintained by the Hellenic Single Public Procurement Authority (HSPPA), keeps a register of excluded operators, including their details and exclusion periods. Contracting authorities must consult this register when evaluating tenders and may exclude listed operators.

Exemptions for Low-Value Contracts: The aforementioned exclusion grounds do not apply to public contracts with an estimated value of EUR 2,500 or less, excluding VAT.

This framework seeks to ensure fairness, transparency, and accountability in public procurement while providing mechanisms for rehabilitation and proportional application of exclusion measures.

A typical procurement procedure for a complex contract involves several key stages. Initially, the contracting authority must define its needs and the subject matter of the contract. This is followed by conducting market consultations aimed at preparing the procurement and informing economic operators of the procurement plans and requirements (see Articles 36 and 278 of the Greek PP Act). The authority then establishes the technical specifications, drafts the tender documents, and selects the appropriate procurement procedure.

Procurement Procedures for Complex Contracts: Assuming “complex contracts” generally refer to contracts exceeding the EU thresholds, the usual methods for procuring such contracts include the open procedure and the restricted procedure, as set forth in Articles 27 and 28 of the Greek PP Act, respectively.

Open Procedure: The open procedure is a single-stage procurement process in which the contracting authority issues a call for tenders, allowing any interested economic operator to submit a bid in accordance with the conditions and deadlines specified in the call. The key stages of the open procedure are as follows:

1. Opening of tenders:
   • Verification of the letter of guarantee and supporting documentation for participation;
   • Evaluation of tenders’ compliance with technical specifications and, where applicable, a technical assessment.
2. Financial evaluation: Review of financial offers and inspection of supporting documentation required for contract award.
3. Contract award: Selection of the successful bidder.
4. Notification: Communication of the results to unsuccessful bidders.
5. Contract execution: Notification and signature of the contract.
6. Publication: Posting the contract award notice.

Restricted Procedure: The restricted procedure is a two-stage process. Initially, any economic operator may submit a request to participate in response to a call for competition, providing the qualitative selection information requested by the contracting authority. In the second stage, only those operators that meet the qualitative selection criteria are shortlisted and invited to submit bids.

Special Procedures for Complex Contracts: In addition to the open and restricted procedures, complex contracts may also be procured through special procedures, such as the competitive procedure with negotiation (Article 29 of the Greek PP Act) or the competitive dialogue (Article 30 of the Greek PP Act).

Circumstances for Using Special Procedures: According to Article 26 of the Greek PP Act, the use of a competitive procedure with negotiation or a competitive dialogue is permitted under the following conditions:

• For works, supplies, or services where one or more of the following criteria are met:
  • The contracting authority’s needs cannot be met without adaptation of readily available solutions.
  • The contract involves design or innovative solutions.
  • The nature, complexity, legal, or financial characteristics, or associated risks, prevent the contract from being awarded without prior negotiation.
  • The technical specifications cannot be sufficiently defined by the contracting authority.
• For cases involving irregular or unacceptable tenders submitted in response to an open or restricted procedure, subject to prior written approval from the Hellenic Single Public Procurement Authority.

Stages of Special Procedures:

1. Competitive Procedure with Negotiation

This process typically involves two stages:

(a) Prequalification stage:

• Economic operators submit requests to participate, accompanied by the information required by the contracting authority to evaluate their eligibility, ability, and suitability.
• Following evaluation, the contracting authority selects a minimum of three tenderers to proceed to the next stage.

(b) Contract award stage:

• Shortlisted tenderers submit initial tenders, which may be subject to negotiation.
• The contracting authority conducts negotiations to clarify or adjust tenders to better meet its needs. The minimum requirements and award criteria specified in the invitation to tender are not subject to negotiation.
• Final tenders are submitted and evaluated, culminating in the selection of the successful tenderer.

2. Competitive Dialogue

The competitive dialogue is employed when the contracting authority cannot define a definitive solution for the contract in advance. This procedure involves:

• An initial call for tenders, where bidders propose solutions.
• Multiple rounds of dialogue and negotiation to refine these solutions.
• Submission of final offers based on the negotiated outcomes.

The contract must be awarded based on the best price-quality ratio, in accordance with Article 86(2) of the Greek PP Act.

Duration of the Procurement Process: The total duration of the procurement process for complex contracts varies depending on the procedure selected, the number of bidders, and the extent of negotiations involved. For the most complex contracts, the process can range from approximately three months to over a year.

The open procedure, which was previously described in Question No. 8, is the most commonly used procurement method. It is a single-stage process in which any interested bidders may submit tenders. No negotiations take place during the open procedure. Procurement procedures involving a limited number of participants are only permitted as exceptions and are reserved for complex public contracts. For procedures related to the award of contracts below the EU financial thresholds, please refer to Question No. 4.

The Hellenic Single Public Procurement Authority (HSPPA) is the legally designated independent national administrative body in Greece responsible for coordinating and overseeing the public procurement sector and reviewing public procurement award procedures. It was established through the merger of the Single Independent Public Procurement Authority and the Authority for the Examination of Preliminary Appeals (L. 4912/2022). The HSPPA maintains the National Public Procurement Database and ensures the proper and consistent implementation of the public procurement framework, focusing on transparency, efficiency, cohesion, and compliance with national and EU public procurement laws.

Additionally, HSPPA provides support to all stakeholders, including policymakers, contracting authorities, and economic operators, by preparing and publishing opinions, circulars, manuals, model tender forms, FAQs, and guidelines. These resources offer guidance on the proper implementation of legislation and the adoption of best practices. For example, the HSPPA has issued national guidelines on various public procurement topics, including exclusion grounds, selection criteria, award criteria, subcontracting, reliance on the capacities of other entities, contract modifications, contracts below thresholds, avoiding common procurement errors, handling confidential information, and addressing specific public procurement issues related to the COVID-19 health crisis.

Article 24 of the Greek PP Act mandates that contracting authorities take appropriate measures to prevent and resolve conflicts of interest in awarding procedures, in order to avoid distortion of competition and ensure equal treatment among tenderers

Tenders are evaluated strictly based on the award criteria set out in the tender documents, which must be objective and sufficiently precise. The award criteria are considered to be related to the subject matter of the contract when they pertain to the works, supplies, or services to be provided under that contract. These criteria should not grant the authority unrestricted freedom of choice. It is important that authorities specify the relative weighting of each criterion in the documentation to determine the most economically advantageous tender.

The evaluation process begins by assessing tenders for formal deficiencies, grounds for exclusion, and compliance with qualification and, if applicable, selection criteria. Missing documentation may be requested, provided that the general principles of equal treatment and transparency are respected. If the above criteria are met, the tender is then evaluated against the award criteria. Contracts may be awarded either to the most economically advantageous tender or based solely on the lowest price. In this context, technical and financial offers submitted by tenderers are evaluated separately, with each offer receiving a score. The tender with the highest overall score is deemed the most economically advantageous.

According to Article 86 of the Greek PP Act, contracting authorities must award public contracts based on the “most economically advantageous tender” (MEAT criterion). This can be determined either by the lowest price or by using a price or cost approach based on cost-effectiveness, as detailed in Article 87. The evaluation may include the best price-quality ratio, assessed using criteria related to the contract’s subject matter, such as quality, technical merit, organization, staff qualifications and experience, and technical assistance, among other factors. However, as per Article 86, paragraph 7 of the Greek PP Act, contracting authorities may choose to award a contract by evaluating only the technical aspects of a tender, based on a fixed price.

From a procedural perspective, in tenders evaluated based on the most economically advantageous tender criterion, contracting authorities are entitled to issue a single decision that validates the results of all stages of the process, including participation documents, technical offers, financial offers, and award documents. If the contract award is based on the optimal quality-price ratio, two separate decisions will be made—one for the participation documents along with the technical offer, and another for the financial offer along with the award documents. The bidder with the highest score or the lowest price will be awarded the contract.

The concept of an “abnormally low” bid is a vague legal term and is not specifically defined under the Greek PP Act. However, it is generally understood to refer to a situation where the price offered by a bidder raises concerns about the economic sustainability of the bid and its ability to meet the contract requirements.

According to Article 88 of the Greek PP Act, if a contracting authority considers a bid to be “abnormally low”, it must request clarifications from the bidder regarding the price or cost offered within 20 days of the request. These clarifications may address aspects such as the costs of the manufacturing process or services provided, the technical solutions chosen, any exceptionally favorable conditions available to the bidder for supplying the products or services or executing the work. Additionally, clarifications may concern the originality of the work, supplies, or services proposed by the bidder, compliance with employment obligations and health and safety regulations, or the possibility of the bidder having received State aid.

The contracting authority is responsible for evaluating the clarifications provided by the bidder and may reject the tender only if the clarifications and evidence do not adequately explain the low price or cost proposed by the bidder. The explanations given by the bidder, particularly with regard to the economic parameters used in formulating the tender, are considered binding agreements and form part of the contract award. These terms cannot be altered during the contract’s execution.

The contracting authority must reject an abnormally low tender if the cause of the low bid is non-compliance with applicable environmental, social, and labor laws established by EU law, national law, collective agreements, or specific international provisions in these areas. If the contracting authority determines that a tender is abnormally low due to the bidder receiving State aid, the tender may be rejected on that basis alone, but only after consulting the bidder. If the bidder is unable to demonstrate, within a period set by the contracting authority, that the aid is compatible with the internal market, the tender may be rejected. In such cases, the contracting authority must inform the European Commission.

Article 88(5a) of the Greek PP Act provides that, in the case of public contracts for works, studies, technical, and other related scientific services, tenders are presumed to be abnormally low if they differ by more than 10% from the average discount of all admissible tenders. The contracting authority may also consider tenders as abnormally low if they show less deviation or no deviation from this threshold.

As a general principle of Greek administrative law, public authorities are legally obligated to provide the reasons underpinning their award decision, including the justifications for the scores assigned to any bidders based on the evaluation criteria specified in the tender documentation. Additionally, transparency and equal treatment are fundamental principles of the public procurement framework.

Pursuant to Article 70 of the Greek PP Act, once the procurement procedure is concluded, the contracting authority must notify all bidders of its decision to award the contract to a specific bidder. Given that tender procedures are conducted via electronic platforms, the relevant entities are automatically notified through a system-generated message on the platform.

Furthermore, upon request from the concerned bidders, the contracting authority must provide the following information as soon as possible, and in any case, within 15 days:

• For rejected bidders, the reasons for the rejection of their tender;
• For bidders whose tenders were deemed acceptable, the characteristics and advantages of the successful tender, along with the name of the awarded party.

However, the contracting authority may withhold certain information from rejected bidders if disclosing such information would hinder the application of laws, be contrary to the public interest, or negatively impact the legal or commercial interests of public or private economic operators.

Before the contract is signed, unsuccessful bidders may challenge the decisions of the contracting authority before the national competent authorities. The remedies available to bidders for challenging contracting authority decisions are regulated in Book IV of the Greek PP Act. This applies not only to contracts falling within the scope of EU Directives but also to any public contract (in principle) with an estimated value exceeding EUR 60,000 for works and EUR 30,000 for services and supplies (with the exception of the administrative review process).

The review process is as follows:

– Administrative Review (Articles 360–367): Any act or omission by a contracting authority that is enforceable and deemed to violate EU or Greek legislation may be challenged by filing an administrative (non-judicial) appeal before the Hellenic Single Public Procurement Authority (HSPPA). The filing of this appeal is a prerequisite for pursuing judicial remedies before the competent court. If the appeal is accepted by the HSPPA, the contracting authority must comply with its decision, as per Article 367 of the Greek PP Act. If the appeal is rejected, bidders have the right to seek judicial protection before the competent Administrative Court of Appeal or the Greek Council of State (in cases involving public contracts with an estimated value above EUR 15 million or in the case of concession contracts).

– Judicial Review (Article 372): Any act of the HSPPA may be challenged before the competent Administrative Courts by both contracting authorities and interested bidders. Specifically, any interested party may file a single application for both the suspension and annulment of the act concerned. This judicial remedy, introduced by Law 4782/2021, consolidates, for procedural efficiency, applications for interim relief (suspension) and annulment into one petition against decisions of the HSPPA.

Regarding the termination of an awarded contract due to procurement irregularities, the Greek PP Act provides for an administrative appeal for the annulment of the signed contract (Article 368), but only for the following reasons:

• The contracting authority awarded the contract without prior publication of the notice;
• The obligation to suspend the conclusion of the contract was not observed; or
• The relevant award procedures for a framework agreement or dynamic purchasing system were violated.

Such an annulment appeal must be filed before the HSPPA and can only be lodged no later than six months after the contract has been awarded, or within 30 calendar days from the publication of the award in the Official Journal of the European Union (OJEU), whichever is applicable. HSPPA’s decisions may be challenged before the competent Administrative Court. If the HSPPA declares the contract null and void, the nullity shall have retroactive effect; however, depending on the stage of contract performance, the gravity of the infringement, and the conduct of the contracting authority, HSPPA may declare only the unexecuted part of the contract to be null and void. Claims between the parties are governed by provisions on unjust enrichment, and disputes shall be heard by the competent court in accordance with general provisions.

If no interim relief measures are granted following an application for suspension and annulment, and the relevant actions of the contracting authority are annulled after the contract has been concluded, no further remedies are provided for the annulment of the signed contract. However, the affected party may still protect its legal interests by filing a claim for damages. According to Article 373 of the Greek PP Act, any candidate excluded from the procurement procedure or from concluding the public contract, in violation of EU or national law, may claim compensation before the contracting authority in accordance with Articles 197 and 198 of the Greek Civil Code. The decision declaring the procurement unlawful serves as the basis for seeking damages. Furthermore, if the affected party can demonstrate that, had the infringements not occurred, it would have been awarded the contract, it may claim damages in accordance with the general provisions of Greek civil law, such as loss of earnings, loss of profit, and non-pecuniary damages.

Public procurement law challenges are relatively common in Greece, particularly with respect to high-value contracts. According to data from the Hellenic Single Public Procurement Authority (HSPPA), approximately 2,300 administrative appeals are filed annually. As previously mentioned, in Greece, any act or omission by a contracting authority can be challenged before the HSPPA, and the HSPPA’s decisions may subsequently be contested before the competent Administrative Courts.

There is no general perception that bidders who challenge public bodies suffer reputational harm or adverse effects on their prospects in future procurement competitions, unless the challenges are excessive, unfounded, and intended solely to delay the contract award.

The costs associated with procurement claims depend on whether the recourse is filed before the HSPPA or the Administrative Courts.

• Administrative Appeal before the HSPPA: The filing fees for an administrative appeal before the HSPPA are determined based on the value of the awarded contract. The fees amount to 0.5% of the estimated contract value (excluding VAT) and range from €600 to €15,000. If the appeal is successful, the HSPPA will order the refund of the filing fees. Both parties in such proceedings are represented by attorneys, and each party is responsible for paying their legal fees, which can vary depending on the law firm chosen by the applicant.
• Procurement Claims before the Administrative Courts: The filing fees for submitting a remedy before the Administrative Courts are significantly lower, amounting to 0.1% of the estimated contract value (excluding VAT). If the remedy is successful, the courts will order the refund of the filing fees. However, the legal fees for proceedings before the Administrative Courts are generally higher than those for proceedings before the HSPPA, particularly when the case is heard before the Greek Council of State.

As mentioned in Question No. 14, the Greek PP Act provides both administrative and judicial remedies. In general, administrative appeals are typically decided more swiftly, while judicial proceedings, if they follow, tend to take longer. In 2022, new legislation amended the Greek PP Act to streamline the appeal process in administrative courts for public procurement cases. The legislation introduced a “hybrid’ judicial remedy, combining applications for interim relief (suspension) and annulment into a single petition. Although the full impact on resolution times is still being assessed, the annulment procedure now takes an estimated 85-90 days, compared to the previous 60-day duration for just the suspension procedure.

The key stages and typical timescale for resolving a procurement dispute under the Greek PP Act are as follows:

Before the HSPPA:

• Filing the administrative appeal within ten (10) days from the notification of the contested act to the concerned economic operator;
• Notification of the appeal by the contracting authority to those with a legitimate interest, within the following business day;
• Notification to the contracting authority and the applicant of the appointment of the rapporteur and the date set for the examination;
• The contracting authority submits its opinion on any request for suspension;
• Decision on the request for suspension;
• Submission of an intervention by any party with a legitimate interest;
• Submission by the contracting authority of its opinion on the appeal;
• Submission of pleadings;
• Examination of the case by the members of the HSPPA within 40 days of filing the appeal (only exceptionally will there be an open hearing);
• Issuance of a ruling within 20 days after the hearing, and in any case within 60 days of filing the appeal; otherwise, implied rejection is presumed.

Before the Competent Administrative Court of Appeal or the Council of State:

• Filing of the single judicial remedy (for both suspension and annulment) within 10 days of notification of the HSPPA’s ruling;
• Issuance of an act appointing the rapporteur and setting the hearing date;
• Notification of the request for suspension to the HSPPA, the contracting authority, and the interested parties within 2 days of receiving the act;
• Filing of possible interventions by third parties and submission of the contracting authority’s opinion (all actions take place within 10 days of the remedy’s notification);
• Notification of possible interventions by third parties within two business days of their submission;
• Issuance of an injunction for suspension;
• Filing of any additional grounds for annulment (up to 15 days before the hearing);
• Submission of pre-hearing pleadings (6 days before the hearing unless an extension is requested for submission after the hearing);
• Hearing;
• Submission of written pleadings after the hearing, within the time-limit set by the court;
• The court’s decision (operative part) is issued within 15 days after the hearing;
• Issuance of the full text of the decision within 2 months of issuing the operative part.

Under Greek PP law, there is no distinction made between bidders from EU Member States and those from non-EU countries, in line with the principles of non-discrimination and equal treatment. All bidders, regardless of nationality, are afforded the same rights and remedies, and Greek contracting authorities apply identical rules, requirements, and criteria for all bidders. Pursuant to Article 25 of the Greek PP Act, economic operators established in EU/EEA Member States have the right to participate in public tenders conducted by Greek contracting authorities. Furthermore, in the context of international agreements, Article 25 ensures that the EU’s obligations arising from such agreements, including the WTO Agreement on Government Procurement (GPA), are fully respected.

An exception exists with regard to Russia-affiliated entities. Pursuant to Article 5(k) of Council Regulation (EU) 2022/576, which amends Regulation (EU) No 833/2014, the award or continuation of any public or concession contract within the scope of the public procurement Directives is prohibited with Russian nationals, entities established in Russia, or entities whose ownership is predominantly controlled by such Russian entities. Consequently, economic entities falling under this prohibition must be excluded from procurement procedures in Greece as part of the suitability assessment.

Regarding non-EU bidders, additional EU regulations are relevant, notably Regulation (EU) No 2022/1031 on the International Procurement Instrument (IPI), which entered into force on 22 August 2022. The IPI establishes a mechanism to restrict access to the EU public procurement market for suppliers from countries that do not provide reciprocal access to their own procurement markets. The European Commission may impose countermeasures against non-EU countries that fail to provide such reciprocal access. The IPI applies to procurement procedures not covered by the WTO GPA or EU free trade agreements containing reciprocal procurement access provisions.

Furthermore, a significant ruling by the Court of Justice of the EU (CJEU) in the Kolin case (C-652/22) on 22 October 2024 clarified that economic operators from third countries not party to the GPA or similar international agreements cannot claim equal access to EU public procurement procedures under EU public procurement directives. The CJEU affirmed that the EU holds exclusive competence to legislate on the participation of third-country operators without reciprocal access agreements with the EU. It remains to be seen whether the Kolin ruling will influence future revisions of EU procurement Directives, potentially leading to measures prohibiting the participation of operators from third countries lacking such agreements.

Finally, Regulation (EU) 2022/2560 on foreign subsidies, effective from 12 October 2023, applies to public procurement procedures with an estimated value exceeding €250 million. Under this regulation, foreign-subsidized economic operators must disclose any financial contributions they have received from non-EU governments when participating in EU public tenders, including those received by their main subcontractors and suppliers. If the European Commission determines that a foreign subsidy distorts the internal market, it may impose sanctions, including prohibiting the award of the contract. The Commission has already launched an ex-officio investigation in April 2024, focusing on potential foreign subsidies distorting competition in the EU wind power sector (wind power projects in Greece, Spain, France, Romania and Bulgaria), specifically targeting Chinese wind turbine suppliers, which the Commission suspects may benefit from State subsidies that provide them with an unfair competitive advantage over their European competitors.

Any subsidiary established in Greece is regarded as a Greek legal entity, irrespective of the nationality of its parent company. As Greek legal entities, subsidiaries owned by foreign entities are entitled to the same rights and remedies as domestic bidders, in accordance with the principles of public procurement.

As noted in Question No. 17, an exception applies to subsidiaries of Russian nationals, which are currently prohibited from participating in any EU public procurement procedure.

There is no specialized court or tribunal in Greek law exclusively dedicated to public procurement matters.

As outlined in Question No. 10, the Hellenic Single Public Procurement Authority (HSPPA) is the designated body responsible for reviewing public procurement matters. Although the HSPPA is an independent administrative authority, it is not a court or tribunal, and its decisions are subject to judicial review by the competent Administrative Court of Appeal. For contracts with an estimated value exceeding €15 million, jurisdiction lies with the Greek Council of State.

In general, post-award amendments or variations to contracts are permitted, provided they do not constitute substantial changes. Under Article 132 of the Greek PP Act, amendments to a concluded contract without the need for a renewed invitation to tender are allowed in the following exceptional circumstances:

• When modifications are explicitly foreseen in the original procurement documents, through clear, precise, and unequivocal review clauses, regardless of their monetary value;
• For additional works, services, or supplies that have become necessary, where it is not possible to change the contractor due to financial or technical reasons;
• When modifications are required due to extraordinary circumstances that a diligent contracting authority could not foresee, provided the modifications do not alter the overall nature of the contract, and the price increase does not exceed 50% of the original contract value;
• When a new bidder replaces the original contractor under certain conditions;
• When the modifications, regardless of value, are not considered substantial.

Furthermore, a contract amendment may be allowed if the total value of the modification does not exceed both (a) the EU thresholds and (b) 10% of the original contract value for services and supplies or 15% for works.

Under specific conditions outlined in Article 132, amendments may also require prior judicial review by the Greek Court of Auditors, particularly when the initial contract is subject to such review. Similar provisions regarding post-award contract amendments/variations are found in Articles 156 (related to public works contracts) and 186 (related to design contests).

Article 132 of the Greek PP Act also permits changes to the contractor’s identity in the event of corporate restructuring (e.g., mergers, acquisitions, or insolvency), provided that the new contractor succeeds the original contractor’s position, either partially or entirely, and does not cause substantial modifications to the contract or framework agreement. The new contractor must not be subject to any mandatory exclusion grounds under procurement law and must meet the qualitative selection criteria originally required. Furthermore, a subcontractor may, by agreement between the contractor, the contracting authority, and the subcontractor, succeed to the contractor’s position without the need for a new procurement process.

Regarding public works contracts, Article 165 of the Greek PP Act allows for the formation of a consortium between construction companies to undertake a project. This is permissible provided that: (a) the initially preferred bidder holds more than 50% of the consortium’s stake and all members meet the selection criteria set in the tender notice, (b) the consortium agreement is notified to the Project Authority (otherwise, the agreement is void), and (c) the project budget exceeds the EU threshold for public works. Consortium members are jointly and severally liable to the contracting authority for the full scope of the project.

Direct awards for complex contracts, meaning awards made without prior publication or competition, are rare and only permitted under very specific circumstances. According to the Greek PP Act and EU Directives, for contracts exceeding the EU thresholds, direct awards without prior notice can only occur when the conditions for using a negotiated procedure without prior notice are met, and the consent of the Hellenic Single Public Procurement Authority (HSPPA) has been obtained (as per Article 347(2)).

Under Articles 32 and 269 of the Greek PP Act, a contracting authority may use a negotiated procedure without prior publication in the following situations:

• When, after conducting an open or restricted procedure, no tenders or requests were submitted, or the tenders or requests received are unsuitable, provided the initial terms of the contract are not substantially altered;
• When the works, supplies, or services can only be provided by a specific economic operator, under any of the following conditions: (i) the contract’s objective is the creation or acquisition of a unique work of art or artistic event; (ii) there is no competition for technical reasons; (iii) there are grounds for the protection of exclusive rights, including intellectual property rights; and provided there is no reasonable alternative or substitute, and the lack of competition is not due to artificial restrictions on the contract’s parameters;
• When, due to extreme urgency caused by unforeseeable events, the time limits for an open or restricted procedure or competitive procedures with negotiation cannot be adhered to, and the circumstances leading to the urgency are not attributable to the contracting authority;
• For additional deliveries by the original supplier, intended either as partial replacements for supplies or installations or as extensions of existing supplies or installations, where a change of supplier would result in technical incompatibility or disproportionate difficulties in operation and maintenance. The duration of such contracts, including recurrent contracts, generally should not exceed three years.

Article 32A of the Greek PP Act specifies that the negotiated procedure must be conducted by an advisory body formed by the contracting authority, which will make recommendations on any issues arising during the contract award process. Such decisions may be challenged on the same grounds outlined in Question 14.

The contracting authority must justify that the specific conditions allowing for a direct award are strictly met. If such a decision is contested, the grounds for the challenge will typically argue that the preconditions for using the negotiated procedure without prior publication were not fulfilled, making the decision unlawful. As a result, the contracting authority’s failure to publish a contract notice in the Official Journal of the EU (OJEU) could render the contract void.

Global supply chain disruptions, including shortages of certain raw materials and rising supply prices exacerbated by the war in Ukraine, have created significant challenges in the execution of public contracts already in force. Suppliers have faced difficulties in meeting prescribed delivery deadlines or continuing to supply products or services at the prices originally agreed upon in the contract.

While the Greek PP Act provides mechanisms for amending public contracts without initiating a new procurement procedure (for example, Art. 206 allows for the postponement of material delivery times in cases of force majeure), such amendments are subject to certain conditions and limitations. One such tool is the possibility of making de minimis (non-substantial) amendments under Art. 132(2) of the Greek PP Act, which allows for price adjustments. However, these amendments must not exceed 10% of the procurement value for supply and service contracts, and 15% for construction contracts (see Question No. 20). Moreover, Art. 132(1) permits a price increase of up to 50% of the original contract value if the need for modification arises from circumstances that could not have been foreseen by a diligent contracting authority (such as a rise in supply prices), provided other cumulative conditions are met.

To address this exceptional situation, Art. 53 of the Greek PP Act, as amended by Law 4965/2022, mandates the inclusion of a price revision clause in certain public contracts under specific conditions. These conditions apply to supply contracts with a duration of more than 12 months and contracts for cleaning and building maintenance services. Additionally, specific mathematical formulas are introduced for the calculation of price revisions. In relation to public works contracts, Art. 24 of Law 4903/2022 allows the competent authorities to establish individual revision coefficients for material prices used in works when there is a significant deviation from tender prices due solely to changes in material costs. The Ministry of Infrastructure and Transport may issue decisions setting these coefficients.