GREECE Law and Practice Contributed by: Anastasios Virvilios, Evangelia Sgountzou and Eirini Tsalapati, Machas & Partners
7. Other Parties 7.1 Joinder
(a) of the issuance of the act of the adminis - tration; (b) the appeal is lodged; and (c) of the last hearing of the appeal. If the court finds that the appeal is brought with - out a legitimate interest, it will dismiss it as inad - missible. 6.2 Charities and NGOs Under the procedural rules for administrative disputes, an individual or a legal person affected by an administrative act or whose legal inter - ests, even if non-monetary, are affected by it, may bring an appeal. Within the meaning of the law, the legitimate interest of a legal person in challenging an administrative act is to be assessed on a case- by-case basis, particularly in light of the purpose of the legal person and the content of the act. In the case of NGOs dealing with human rights, the case law of the Council of State has not clari - fied the concept of a legitimate interest in the intervention of associations or NGOs in annul - ment proceedings. However, the case law of the Council of State is completely different in environmental annulment proceedings. The Council of State has extended the legitimate interest of environmental NGOs in applying for annulment or intervention if the protection of the environment is the main or even secondary reason for the existence and opera - tion of the NGOs.
A third natural or legal person may participate in pending proceedings by way of an intervention. The type of intervention and the procedure to be followed depend on the nature of the case, ie, whether it is a dispute on the merits or a dispute for annulment. In annulment proceedings, additional interven - tion is only provided for in favour of the State, which is to say, only in favour of maintaining the validity of the administrative act challenged. The intervention is made under penalty of inadmis - sibility by means of a separate pleading, lodged within a specific time limit laid down in Presiden - tial Decree 18/1989 and notified to the parties by the intervener. In substantive proceedings, there are two types of third-party intervention. These are:
• the main intervention; and • the additional intervention.
In a main intervention, the third-party claims, in whole or in part, the subject matter of the proceedings pending following an action. A third party may intervene by way of additional intervention in pending proceedings following an application or action in support of a party in whose favour they have an interest in the out- come of the proceedings. In particular, additional intervention is permitted both in favour of the applicant/appellant and in favour of maintaining the validity of the administrative act. The intervention is made, under penalty of inad - missibility, by means of a separate pleading, lodged within a specific time limit laid down in the Code of Administrative Procedure or CAP
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