GREECE Law and Practice Contributed by: Dimitris Emvalomenos, Bahas, Gramatidis & Partners
In case of a recall, the notice by the economic operators must contain all mandatory elements listed in the GPSR. A recommended template is provided: see Safety Gate: the EU rapid alert system for dangerous non-food products. 1.5 Penalties for Breach of Product Safety Obligations The penalties for breach of the key obligations for product safety and related obligations were updated and expanded upon in 2023 (Articles 13 (a)–13 (i) of Law 2251, as revised by Law 5019/2023; see 2.16 Existence of Class Actions, Representative Proceedings or Co-Ordinated Proceedings in Product Liability Claims ). As an overview, subject to the provisions of the Criminal Code and the “Rules Regulating the Market of Products and the Provision of Ser- vices” (Law 4177/2013, in force), the following sanctions may be imposed by a decision of the competent organ of the Ministry (see 1.2 Regu- latory Authorities for Product Safety ), acting either ex officio or after a filed complaint: • a recommendation for compliance within a specified deadline and an order to cease the infringement and refrain from it in the future; or • a fine of between EUR5,000 and EUR1.5 mil - lion. The fine may reach a maximum of EUR3 million if, within the last five years, more than one decision imposing fines has been issued against the same infringer for breaches of Law 2251 (or of other laws referring to Law 2251 for the imposition of a fine). For the imposition of the above sanctions, cer - tain criteria are indicatively listed, including any sanctions imposed previously on the same infringer for the same breach in other EU mem - ber states regarding transboundary cases, if rel -
evant information is available under Regulation (EU) 2017/239 “on cooperation between national authorities responsible for the enforcement of consumer protection laws” as in force (current consolidation version of 19 January 2025). Also, when the Greek regulatory authorities are to impose penalties under Article 21 of the same Regulation for “widespread infringements” or “widespread infringements with a Union dimen- sion” , the maximum fine may be up to 4% of the infringer’s annual turnover in the relevant EU member state and, if there is no information on such turnover, it could reach EUR5 million. Moreover, a special set of sanctions may be imposed on infringers that do not provide requested documents, or that do not respond to consumers’ complaints per the stipulated proceedings. An additional sanction imposable in certain con - ditions and providing for the temporary closure of the infringer’s business for a period of three months to one year was abolished in 2022. Further, appropriate injunctive measures, as a case may be, may be taken by the competent organs of the Ministry. A summary of any decision imposing a fine that exceeds EUR50,000 (or not, if it is imposed for a repeated infringement) is publicised by any appropriate means and uploaded to the Minis - try website within five working days of its issue. Lastly, a general five-year prescription period applies for breaches falling within the remit of the enforcement authorities of the Directorate of Consumer Protection. Fines for various breaches of Law 2251 are being imposed on a fairly regular basis and on a
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