GREECE Law and Practice Contributed by: Anastasios Virvilios, Evangelia Sgountzou and Eirini Tsalapati, Machas & Partners
• the lack of competence of the authority which issued the act; • violation of an essential procedural require - ment; • violation of an essential provision of law; and • misuse of powers. 3.3 Government Decisions Affecting Sole Individuals In addition to administrative acts that create impersonal rules of law, ie, regulatory admin - istrative acts, individual administrative acts, ie, those containing an individual rule or a regulation that is completely individualised and specific, addressed to a particular person and that refer to details that are specific to them, may also be challenged before the court. However, the legality of individual administra - tive acts is not, as a rule, subject to incidental review. Once the time limit for direct challenge has expired, it is not possible to review their legality in an incidental manner. The period for legal challenge of individual administrative acts will commence from the time of their notification or full knowledge thereof, while for those that are by law subject to public disclosure, the period will commence, for the addressees, from the notification or full knowl - edge thereof, and for any third party, from their disclosure. 3.4 Agreements Between Private Entities and Public Bodies The contractual activities of the administration are reflected in the conclusion of private law, public law or administrative contracts. In order for a contract to be classified as an administrative contract:
• at least one of the parties to the contract has to be the State or a legal entity under public law, which exercises public authority; • the subject matter of the contract has to be related to the exercise of a public service or to serve a public purpose; or • the drawing up and performance of the con - tract has to be governed, at least in part, by rules of administrative law, or the contract has to contain terms which create an exceptional contractual regime in favour of the State or the legal entity under public law, in particular the possibility of intervening unilaterally in the contract and imposing penalties. If none of these three elements is satisfied, the contract in question does not constitute an administrative contract but a private law con - tract. In light of Article 94(3) of the Constitution and Article 1(a) of the Code of Civil Procedure, private law contracts between the State, acting as fiscus, and individuals may be challenged before the ordinary civil courts. 3.5 Challenging Decisions Without Legal Effect Only enforceable administrative acts are admis - sible and can be legally challenged before the administrative courts. In contrast, non-enforceable administrative acts, which do not give rise to legal effects, may not be challenged in the administrative courts. Typi - cal examples of non-enforceable administrative acts include, inter alia: • internal administrative acts; • information documents; • recommendations; • simple opinions; • interpretative circulars; • confirmatory administrative measures; and
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