the prices and conditions governing the transport contract; standards relating to weights and measures; requirements relating to the carriage of certain categories of goods; driving and rest time for drivers; VAT on transport services. In addition, EU nationals may establish transport companies in Greece and receive authorisation for the operation of national and international transport services, according to the law 3887/2010. According to the 1st art. of the said law, its provisions apply without any discrimination related to the nationality. Following the amendments made to the above mentioned law 4038/2012, par. 2 of art. 1 explicitly states: “the provisions of this law apply without any discrimination related to the nationality of those who seek authorization according to art. 4 and 5, following the international reciprocity commitments of our country”.
Access to the international carriage of passengers by road is governed by Regulation 1073/2009 on common rules for access to the international market for coach and bus services (incorporating previous reg. 684/92 and 12/98). In summary, a carrier is permitted to carry out regular international carriage services, including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment if (a) he is authorised in the EU country of establishment to undertake carriage by means of regular services in accordance with the market access conditions in national law; (b) he fulfils the conditions within the EU rules on admission to the occupation of road passenger transport operator in national and international transport operations and (c) if he meets the legal requirements relating to EU standards for drivers and vehicles. Cabotage services may be carried out only if they constitute an extension of an international.
Rail transport market was regulated until recently by P.D. 41/2005. This legal instrument has been repealed by the very recent law L. 4408/2016, which implemented in the Greek legal order, the EU Directive 2012/34/EU on establishing a single European railway area. This Directive, as implemented by the above mentioned law, lays down (i) the rules applicable to the management of railway infrastructure and to rail transport activities of the railway undertaking established or to be established in a Member State, (ii) the criteria applicable
to the issuing, renewal or amendment of licences by a Member State intended for railway undertakings which are or will be established in the Union and (iii) the principles and procedures applicable to the setting and collecting of railway infrastructure charges and the allocation of railway infrastructure capacity. The legal instruments L. 3891/2010, P.D. 125/2010, P.D. 120/2010 are still in force.
CONTRACT OF CARRIAGE BY ROAD/RAIL
What is the meaning of a contract of carriage? How many parties must be involved?
It is a contract between at least two parties, the carrier and the sender, by which the carrier by profession assumes the responsibility to carry from one place to another, goods of someone else’s property for reward. However, either from the beginning or during the execution of the contract, it is possible for other persons to get involved, such as the consignee, the commissionaire, the agent et al (et alia).
Which are the applicable rules?
The applicable rules depend on the international or internal dimension of the carriage. Inaddition, the provisions of the Greek Civil Code regarding the contact of work (art. 681 et seq CC) may receive application.
How is the contract concluded?
- Regarding domestic/internal carriage by road. The contract of carriage by road is concluded without certain form. Thus, it can be concluded even verbally, without it being necessary to issue any document. Obviously, the possibility exists for issuing private documents as a means of proof, such as the consignment note and the bill of lading. The consignment note is a private document issued by the sender or the commissionaire, must bear a date , mention the kind ,weight and the quantity of the goods to be carried , as well as the time limit within which the transportation must be executed ; it must mention the name and domicile of the commission transportation agent , the name and domicile of the road carrier, the freight as well as any compensation due to delay; it is delivered to the carrier in order to accompany the goods until their final destination (article 101 Commercial Code); The road bill of lading is a commercial paper.
- Regarding domestic/internal carriage by rail. The contract of carriage by rail is equally concluded without certain form. Only the agreement of the parties and the delivery of the goods accompanied by the bill of lading are required; the receipt is certified by the sealing of the bill of lading by the dispatch station; after the sealing, the bill of landing proves the conclusion of the contract of carriage (article 64 Internal Rail Carriage Regulation). The bill of lading which is necessarily nominal in rail transport must contain the indication of the destination station, the first and last name, as well as the address of the receiver, the specification of the nature of the goods and its weight, the first and last name, the address and the signature of the sender.
- Regarding international road carriage. The conclusion and the performance of a contract for the international carriage of goods by road are subject to the provisions of the Geneva International Convention - CMR (1956) The above Convention has been ratified by law 559/1977.
- Regarding international rail carriage. The conclusion and the performance of a contract for the international carriage of goods by rail are subject to the provisions of the International Convention concerning international carriage by Rail - COTIF/CIM (1980). The above Convention has been ratified by law 1593/1986.
Which is the legal regime of the combined transport?
Combined is the form of transport executed via two at least different means of transport, but through a single contract. The difference between combined and mixed carriage, is that, in the first case, unloading of the goods from the one vehicle and loading on the other is necessary.
No specific legislation for combined transport exists in Greece. Each segment of the combined transport (for example road and rail carriage), is governed by its own independent and separate regime.
DOMESTIC/INTERNAL CARRIAGE BY ROAD
Which legal provisions apply to the domestic/internal carriage of goods by road?
- Articles 95-98 and 100-101 of Greek Commercial Law (on the contract of carriage)
- Articles 102-107 of Greek Commercial Law (regarding liability of land carrier)
- L. 3887/2010 – as amended by l. 4038/2012, l. 4070/2012, l. 4199/2013, l. 4233/2014, l. 4254/2014, l. 4472/2017, l. 4512/2018, l. 4530/2018 - (procedure of establishment and operation of transportation companies)
Which are the obligations and rights of the carrier?
The carrier’s obligations cover the whole period of carriage, although they vary according to the concrete stage of the contract’s performance. During the preparation stage of the carriage, his main obligation is to execute the carriage by providing sufficient and appropriate means for it. He is obliged to upload the goods through expenses and risk of his own, unless another agreement exists. During the main stage of the carriage, he is obliged to preserve the goods under carriage, to follow the agreed upon itinerary and complete the carriage within a certain time. After the arrival of the goods he is obliged to unload the goods and deliver them to the entitled receiver. He is entitled to collect the freight, including everything already paid by him for any necessary expenditures; in order to guarantee his rights deriving from the carriage contract he is equipped by the right of withholding the goods which constitute the object of the carriage (right of attachment), the right of selling these goods, as well as the right of pledge over them.
Which are the obligations and rights of the sender?
The main obligation of the sender is to pay down the freight as well as the necessary expenditures and charges which the carrier has gone through during the execution of the carriage (e.g., taxes, expenses for packaging improvement). There are also additional obligations of the sender or the consignee deriving from article 288 of the Greek civil code, such as delivering the goods under carriage in a packaged condition, filling out the consignment note or the bill of lading when the goods are delivered, delivering to the carrier all the documents necessary for the appropriate execution of the carriage, and, finally, receiving the goods at the place of destination. He is entitled to require from the carrier the execution of the contract as well as the amendment of the said contract (i.e. change of the place at which delivery is to be effectuated).
What is the carrier’s liability?
The carrier’s liability is objective, meaning that no fault is required. The carrier is even liable for chance events, meaning events which are connected with the enterprise and the financial activity of the carrier, even if he proves that it was humanly impossible to predict and avoid these events. In case of a law suit for loss or damage of goods, it is not necessary for the claimant to invoke and prove the existence of carrier’s fault, nor the point in the transportation where the damage took place, or even the cause of the damage since the carrier is liable even if the cause is unknown. The reference that the goods have sustained damage suffices.
When is the carrier exempted from the liability?
The carrier is relieved of liability, when the loss or damage arises from:
- superior force;
- inherent defect or the special nature of the good, according to 102 par 2 of Greek Commercial law, insofar as the damage of the good is due exclusively to that cause, without the exercise of any external factor;
- a wrongful act by the sender or the receiver.
When is the carrier’s liability over?
The liability of the carrier is over:
- with the complete, real and unreserved receipt of the goods,
- following prescription of the relevant claims (6 months, according to article 107 of Greek Commercial Law).
Which are the documents of the carriage contract?
The consignment note.
DOMESTIC/INTERNAL CARRIAGE BY RAIL
Which legal provisions apply to the domestic/internal carriage of goods by road?
Regarding domestic/internal carriage the following provisions apply:
- ministerial decree A-20998/3079 - 4/30 September 1968 with witch the regulation of rail transportation was approved (articles 55-100 Regulation of rail transport),
- L. 2671/1998 (as amended by l. 3185/2003, l. 3891/2010, l. 4070/2012, l. 4111/2013): settlement of rail carriage’s issues and other provisions.
Which are the documents of the carriage contract?
The bill of lading.
Which are the obligations and rights of the carrier?
The carrier has the obligations of checking the goods, their packaging, the indications on them, of receiving the goods under carriage and sealing the bill of lading given to him by the sender; his main obligation is the delivery of the goods to their entitled receiver at the place of destination. He is entitled to note on the bill of lading his reservations regarding the goods’ condition, their packaging, etc.
Which are the obligations and rights of the sender?
The sender is obliged to fill out with accuracy the bill of lading during the delivery of the goods, and to deliver to the carrier all the supporting documents. His main obligation is to pay down the freight and carriage taxes. He has the right to amend the contract of carriage.
What is the carrier’s liability?
The carrier’s liability is objective, thus he is liable even in the absence of any fault from his side or from his personnel and his agents. He is liable for every loss, damage or delay in the delivery of the goods taking place from the receipt of the goods until their delivery (article 91 par 1 Regulation of rail transport). That same liability applies for actions and omissions committed by agents and servants during the execution of the carriage.
When is the carrier exempted from the liability?
The carrier is relieved of liability:
- when the loss or damage arises from force majeure,
- if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, or by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier,
- when the loss or damage is due to an inherent defect of the goods,
- when the loss or damage of the goods is due to special hazards.
The burden of proof that the loss was due to one of the above exemptions of liability rests upon the carrier.
When is the carrier’s liability over?
- upon the receipt of the goods by the person entitled.
- following prescription; all claims are prescribed one year after the receipt of the goods. exceptionally, the prescription is extended to two years for the reasons exclusively mentioned in art. 100 par 1 subparagraph b of the relevant Regulation.
