Energy and Infrastructure M&A_2025

GREECE Law and Practice Contributed by: Aris Papaspyridis, Virginia Kokios and Konstantinos Kounelis, AP Legal

have a combined aggregate turnover of more than EUR15 million in the Greek market. 5.6 Labour Law Regulations The provisions of PD 178/2002, as in force in compli- ance with Council Directive 98/50/EC, include meas- ures related to the protection of employees’ rights in cases of transfers of undertakings, businesses, or parts of undertakings. The aforementioned provisions may be considered applicable to any contractual or statutory transfer or merger of an undertaking, busi- ness, or part of a business or undertaking to another employer. The relevant protective provisions are considered applicable to public and private undertakings engaged in economic activities, whether or not they are operat- ing for gain. No exceptions for the energy sector can be observed. 5.7 Currency Control/Central Bank Approval Greece does not maintain any currency control regula- tions. No central bank approval is required for M&A transactions. 6. Recent Legal Developments 6.1 Significant Court Decisions or Legal Developments Decision 1533/2025, of the Greek Council of State ruled that Directive 2009/147/EC on the conservation of wild birds had been insufficiently transposed into Greek law. The ruling followed a preliminary reference to the ECJ (Case C-66/23), which clarified the obliga- tions of EU member states under Directive 2009/147/ EC. The court found that the Joint Ministerial Decision Η.Π. 8353/276/Ε103/2012 established conservation meas- ures only for the bird species for which each special protection area (SPA) was designated, instead of cov- ering all protected species listed in Annex I of Directive 2009/147/EC and those migratory birds regularly pre- sent within each SPA. This limited approach was held to breach EU law, as each SPA must have specific conservation objectives and measures addressing all protected species and their habitats.

Consequently, although the existing ministerial deci- sion remains temporarily in force, the Greek Council of State ruled that the competent ministers had failed to adopt the required comprehensive conservation measures and remitted the case for corrective regu- latory action. At the same time, the court upheld the remainder of the national framework, confirming that: • the scientific basis of the 2012 decision was sound; • the installation of renewable energy projects within SPAs is permissible under strict conditions; and • the mitigation measures for bird protection ‒ such as automatic turbine shutdown systems, collision- avoidance mechanisms, and ornithological moni- toring requirements ‒ are reasonable, proportion- ate, and consistent with EU law. This decision is significant because it reaffirms the compatibility of renewable energy development with environmental protection, while strengthening Greece’s obligation to ensure full compliance with EU biodiversity law in the planning and permitting of energy projects. 6.2 Key Developments in Renewable Energy and Cutting Emissions One of the most significant legal developments in Greece’s renewable energy sector during the past three years has been the adoption of Law 5215/2025, introducing the country’s first comprehensive regula- tory framework for hydrogen. This law marks a pivotal step in Greece’s energy transition by defining the per- mitting and certification process for green and low- carbon hydrogen through the HPC. It streamlines key permitting stages and facilitates the integration of hydrogen projects into the national energy system. Furthermore, the legislation includes provisions dedi- cated to infrastructure development, and anticipates the introduction of investment or operational support mechanisms.

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