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Provisions

Article 17 of the Greek Constitution

Article 17[1]

1. Property is under the protection of the State; rights deriving there from, however, may not be exercised contrary to the public interest.

2. No one shall be deprived of his property except for public benefit which must be duly proven, when and as specified by statute and always following full compensation corresponding to the value of the expropriated property at the time of the court hearing on the provisional determination of compensation. In cases in which a request for the final determination of compensation is made, the value at the time of the court hearing of the request shall be considered.

“If the court hearing for the final determination of compensation takes place after one year has elapsed from the court hearing for the provisional determination, then, for the determination of the compensation the value at the time of the court hearing for the final determination shall be taken into account. In the decision declaring an expropriation, specific justification must be made of the possibility to cover the compensation expenditure. Provided that the beneficiary consents thereto, the compensation may be also paid in kind, especially in the form of granting ownership over other property or of granting rights over other property”[2].

3. Any change in the value of expropriated property occurring after publication of the act of expropriation and resulting exclusively there from shall not be taken into account.

4. “Compensation is determined by the competent courts. Such compensation may also be determined provisionally by the court after hearing or summoning the beneficiary, who may be obliged, at the discretion of the court, to furnish a commensurate guarantee in order to collect the compensation, as provided by the law. Notwithstanding article 94, a law may provide for the establishment of a uniform jurisdiction, for all disputes and cases relating to expropriation, as well as for conducting the relevant trials as a matter of priority. The manner in which pending trials are continued, may be regulated by the same law”[3].

Prior to payment of the final or provisional compensation, all rights of the owner shall remain intact and occupation of the property shall not be allowed.

“In order for works of a general importance for the economy of the country to be carried out, it is possible that, by special decision of the court which is competent for the final or the provisional determination of the compensation, the execution of works even prior to the determination and payment of the compensation is allowed, provided that a reasonable part of the compensation is paid and that full guarantee is provided in favour of the beneficiary of the compensation, as provided by law. The second period of the first section applies accordingly also to these cases”[4].

Compensation in the amount determined by the court must in all cases be paid within one and one half years at the latest from the date of publication of the decision regarding provisional determination of compensation payable, and in cases of a direct request for the final determination of compensation, from the date of publication of the court ruling, otherwise the expropriation shall be revoked ipso jure.

The compensation as such is exempt from any taxes, deductions or fees.

5. The cases in which compulsory compensation shall be paid to the beneficiaries for lost income from expropriated property until the time of payment of the compensation shall be specified by law.

6. In the case of execution of works serving the public benefit or being of a general importance to the economy of the country, a law may allow the expropriation in favour of the State of wider zones beyond the areas necessary for the execution of the works. The said law shall specify the conditions and terms of such expropriation, as well as the matters pertaining to the disposal for public or public utility purposes in general, of areas expropriated in excess of those required.

7. The digging of underground tunnels at the appropriate depth without compensation, may be allowed by law for the execution of works of evident public utility for the State, public law legal persons, local government agencies, public utility agencies and public enterprises, on condition that the normal exploitation of the property situated above shall not be hindered.


[1] Translated by Xenophon Paparrigopoulos (LL.M., S.J.D., Research Fellow, Directorate of Studies Hellenic Parliament) and Stavroula Vassilouni (LL.M., Research Fellow, Directorate of Studies Hellenic Parliament).

[2] As added by the parliamentary resolution of April 6th 2001 of the VIIth Revisionary Parliament.

[3] As revised by the parliamentary resolution of April 6th 2001 of the VIIth Revisionary Parliament.

[4] As added by the parliamentary resolution of April 6th 2001 of the VIIth Revisionary Parliament.

Article 1 of the First Protocol to the ECHR

Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Code of Compulsory Acquisitions of Immovables – CCAI (Law 2882/2001)

Up til today (September 1, 2018), the Code of Compulsory Acquisitions of Immovables – CCAI (Law 2882/2001) has been revised by Laws 2947/2001, 2971/2001, 2985/2002, 2990/2002, 3016/2002, 3027/2002, 3130/2003, 3175/2003, 3193/2003, 3986/2011, 4024/2011, 4038/2012, 4061/2012, 4070/2012, 4122/2013, 4146/2013, 4155/2013, 4170/2013, 4199/2013, 4313/2014, 4314/2014, 4364/2016, 4512/2018 and 4530/2018.

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