The 44th Annual National Conference of the ...
Posted by Calavros Admin
Posted Mar 2009
A new interesting decision was recently published by the Athens Court of Appeals (Decision No 2803/2008) concerning a dispute arising from a distribution agreement of petroleum products [the said decision was commented on relevant journals as well (DEE 2/2009, p.222 ff)]. Our office was advising the principal, that is, the petroleum company who won both at first instance and appeal level. The first instance Court of Athens had found in favor of the petroleum company by accepting that the termination of an exclusive distribution agreement by the service station owner owing to the alleged transfer of his business to a third party due to age limitation was premature. On those grounds, the Court of Appeal rejected the appeal against the decision of the First Instance Court made by the service owner by reaffirming that the said termination was indeed abusive and premature, while it awarded to the petroleum company both positive and negative damages, as well as it enforced all penalty clauses of the agreement. According to the above-mentioned decision of the Court of Appeals the new owner of the service station was found equally accountable with the transferor for all damages suffered by our Client.