Foreign companies having their “actual” seat in Greece (i.e. Greece is the place where they have their central management, take their business decisions and formulate their business strategy)

which have not been formed in accordance with the provisions of Greek law, are considered null and void (with the exception of E.U. companies and certain types of foreign companies lawfully established in Greece under special legal regimes) and operate as “de facto” partnerships the members of which are jointly and severally liable with the company, as provided by the Greek Commercial Code. The case involved the subcontracting of the repair of a vessel’s automation systems. The plaintiff/subcontractor which carried out the works was based in Piraeus. The defendant/contractor who was operating from Greece, asked the subcontractor to invoice the works to Liberian companies controlled and represented by him and actually operating and based in Greece. The Court, following prevailing case law, held that defendant as a person was jointly and severally liable with the Liberian entities. (Piraeus First Instance Court 2751/2015, maritime disputes division).