GREECE Law and Practice Contributed by: Anna Manda and Maria Kallidopoulou, Karatzas & Partners
drawn can only be disclosed after the HCC has closed the administrative proceedings before it. Leniency statements and settlement submis - sions are strictly confidential, and they are inad - missible in actions for damages. Nevertheless, documents obtained during the HCC investiga - tion can be disclosed in the context of pending civil proceedings following a petition from any party to the trial, in so far as the petition is justi - fied and this solution is viewed as a last resort. Burden of proof As far as proceedings before the HCC and civil courts are concerned, each party bears the bur - den of proof of its allegations. Rules of evidence As regards the rules of evidence applied in the proceedings brought before civil courts, refer to 4.6 Issuing Criminal Indictments . Criminal court’s findings Findings of the criminal court may be presented as evidence of a cartel infringement before the civil court only once the criminal case is closed. Sanctions and Penalties Available in Civil Proceedings As described in 1.2 Regulatory/Enforcement Agencies and Penalties , any natural or legal person who has suffered harm caused by any competition law infringement (eg, infringement of Articles 1 and 1A of the GCA) is entitled to full compensation. Notably, damages are awarded on the basis of the restorative principle, meaning that the com - pensation covers both actual loss and loss of profit (plus the payment of interest). Compensa - tion for moral damages may also be awarded.
The amount of compensation to be awarded by the civil courts is not pre-determined by law. Instead, it will be determined in the adversarial proceedings before the civil court. However, there has ‒ to date – been no civil court decision awarding damages for a competition law infringement. 4.8 The Role of Experts Expert opinions constitute admissible evidence before the Greek administrative, civil and/or criminal courts. In addition, the civil and/or crim - inal court itself may order the appointment of experts when the case requires specific knowl - edge or experience. With regard to proceedings before the HCC, the parties may consult experts, such as econo - mists. The opinions of these experts may be submitted by parties to support their argument. Lastly, the GCA expressly provides that the HCC may consult experts and specialists – whether natural or legal persons – on particular issues and problems if necessary and appropriate. 4.9 Possibility of Multiple Proceedings In principle, having simultaneous enforcement proceedings between parties involving the same facts is prohibited. However, it is possible to have multiple proceedings running simultane - ously before different courts and authorities. By way of example, in the context of the same cartel infringement, the HCC proceedings as well as the proceedings before the civil and criminal courts may occur simultaneously. However, although a prior HCC decision is not a precondition for applying for damages before the civil courts, an HCC decision establishing a cartel infringement would facilitate the claimant’s position.
141 CHAMBERS.COM
Powered by FlippingBook