GREECE Law and Practice Contributed by: Anastasios Virvilios, Evangelia Sgountzou and Eirini Tsalapati, Machas & Partners
the contested act and has filed a clearly well- founded appeal or application for annulment (depending on whether it is a substantive or annulment dispute). Even if these conditions are met, the applica - tion for suspension may be rejected if the action or application for annulment is manifestly inad - missible or unfounded, even if the harm to the applicant from the immediate enforcement of the contested act is irreparable, and if it is also considered that the negative consequences of admission would outweigh the benefit to the applicant, when weighing the harm to the appli - cant, the interests of third parties and the public interest. In line with the general rule set out in Article 71(1) of the CAP, an action may be brought by anyone who has a pecuniary claim against the State or another public body because of any legal relationship under public law. An action under administrative procedural law is a legal remedy brought before the ordinary administra - tive courts by which an individual requests the court award them a pecuniary claim or pay them a sum of money owed to them by the State or a public body because of any legal relationship under public law. The State is also liable to pay compensation for the damage caused to a natural or legal person by: • the adoption of an unlawful administrative act; • the unlawful failure to adopt such an act; or 13. Remedies 13.1 Damages
• unlawful material actions or unlawful omis - sions of material actions on the part of its bodies, in cases where they arise from the organisation and operation of public ser - vices and are not connected with the private management of the State or are not due to the personal fault of a body acting outside the scope of its functions (Articles 105 and 106 of the Introductory Law or Civil Code). 13.2 Invalidating Legislation If the court finds that a law is contrary to the Constitution, it is declared invalid. This means that the unconstitutional law is not applied by the court in the specific case, but it is not alto - gether abolished from the legal order. It is a law that is applied by all other courts and continues to be valid when it is considered constitutional by them. Exceptionally, the law is abolished when it is declared unconstitutional by the Supreme Spe - cial Court, in exercise of the competence pro - vided for in Article 100(1)(f) of the Constitution. In this case, the declaration of unconstitutionality may be given retroactive effect (Article 100(4) of the Constitution). That is, the unconstitutional law is considered legally non-existent retroac - tively (ex tunc) and not only for the future (ex nunc). What applies to the review of the constitutional - ity of laws also applies to the review of the sub - stantive compatibility of laws with other higher rules of international and EU law as well as to laws of increased formal force. When a national provision is found to be in conflict with EU or international law or other laws of increased for - mal force, the courts are obliged not to apply it. When it comes to secondary legislation (admin - istrative regulations, ministerial decisions, etc) in
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